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BALSAMO v. CITY OF NY

287 A.D.2d 22 (2001)

733 N.Y.S.2d 431

PATRICK BALSAMO, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant. (And a Related Action.)

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

November 13, 2001.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel, New York City (Leonard Koerner and Ellen B. Fishman of counsel), for appellant.

Moskowitz, Passman & Edelman, New York City (Jeffrey M. Motelson of counsel), for respondent.

O'BRIEN, J. P., FRIEDMANN and FEUERSTEIN, JJ., concur.

OPINION OF THE COURT

COZIER, J.

This appeal presents an issue of first impression: whether a violation of Labor Law § 27-a constitutes a sufficient predicate for a claim pursuant to General Municipal Law § 205-e. We answer this question in the affirmative for the reasons stated herein.

This is an action to recover damages for personal injuries allegedly sustained as the result of a motor vehicle accident. The plaintiff, Patrick Balsamo...

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