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SCIANGULA v. CITY OF NEW YORK

250 A.D.2d 833 (1998)

673 N.Y.S.2d 454

Charles Sciangula, Appellant, v. City of New York, Respondent

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

May 26, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

As the defendant correctly contends, assuming arguendo that a violation of Labor Law § 27-a (3) could constitute a valid predicate for a claim pursuant to General Municipal Law § 205-e, the plaintiff has failed as a matter of law to set forth sufficient factual allegations to make out such a violation (see generally, Hartnett v New York City Tr. Auth.,

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