Rye taxpayers are no longer on the hook in Jeanine Pirro's $250,000 personal injury lawsuit over her 2025 fall outside City Hall.

Westchester County Supreme Court Justice David J. Squirrell granted the city's motion to dismiss Pirro's amended complaint on Sept. 11, removing Rye from the case, as first reported by Talk of the Sound. The judge also dismissed Con Edison's cross-claim against the city.

Pirro, a Rye resident and former Westchester County district attorney who was serving as U.S. Attorney for the District of Columbia at the time of the fall, alleged she tripped over a large wooden block protruding from beneath a steel plate on Boston Post Road near Purchase Street on Aug. 28, 2025. The block had been placed as part of a Con Edison gas main renovation project conducted under a city public works permit.

Her amended complaint alleged she sustained bruises and contusions to the head, eye, face and shoulder areas.

The city's defense hinged on its prior written notice requirement. Under Article 23 of the Rye City Charter, the city cannot be held liable for a dangerous condition unless it first received written notice of the defect. City Engineer Ryan X. Coyne stated in a court filing that "the City did not receive prior written notice of the alleged defects."

Rye also argued it performed no work at the location, did not inspect the site during the relevant period and had no role in placing or maintaining the steel plate or wooden block. The public works permit placed responsibility for maintaining the pavement on Con Edison and required the utility to cover temporary trenches with steel plates at the end of each day.

Pirro countered that because the gas main served City Hall, Rye received a special benefit making the notice requirement inapplicable. Justice Squirrell rejected that argument, finding the benefit was not exclusive to the city and that the work was neither requested nor directed by Rye.

Pirro has appealed. She filed a notice of appeal on Sept. 23 to the Appellate Division, Second Judicial Department. Albert J. Pirro Jr. served as her attorney in the lawsuit.

Meanwhile, Con Edison is pushing to end the case entirely. The utility filed a motion on Wednesday, Sept. 30, asking Justice Squirrell to strike Pirro's complaint, citing what it called a failure to comply with outstanding discovery demands. Con Edison said it had served Pirro with requests for medical records, witness information, cell phone and digital records, social media information and other materials. The utility said it sent correspondence on April 28 in an effort to resolve the issues without court intervention.

Con Edison argued the missing discovery has prevented it from investigating Pirro's claims, evaluating liability, conducting depositions and retaining experts. As an alternative, the utility asked the judge to order Pirro to provide complete responses within 30 days or face penalties, including being barred from offering evidence at trial.

Elecnor Hawkeye LLC remains a third-party defendant alongside Con Edison. The court scheduled a preliminary conference for Monday, Oct. 5, and Con Edison's motion is set to be heard Monday, Nov. 2.