McCANN v. CITY OF NEW YORK


205 A.D.2d 668 (1994)

613 N.Y.S.2d 651

John J. McCann, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1994


Ordered that the order is reversed, on the law, with costs, and the defendant's motion is denied.

The plaintiff was a detective employed by the New York City Police Department. During the winter months of 1987 and 1988, the ceiling air vents would pump cold air into the squad room where the plaintiff worked. Despite numerous complaints, the problem was never corrected. As a result, the plaintiff attempted to correct this problem by climbing a ladder to cover the air...

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