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FORSTER v. CITY OF NEW YORK

309 A.D.2d 578 (2003)

765 N.Y.S.2d 598

LARISA FORSTER, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided October 14, 2003.

The alleged breaches of proper police procedure described by plaintiff's expert are grounded in the Patrol Guide. Plaintiff, however, may not use a violation of the Patrol Guide as a predicate to establish a violation of Labor Law § 27-a (3) and then use that Labor Law § 27-a (3) violation as a predicate for a General Municipal Law § 205-e claim (see Galapo v City of New York, 95 N.Y.2d 568 [2000]; Capotosto v City...

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