IN THE MATTER OF McGILLICK v. CITY OF NEW YORK


13 A.D.3d 195 (2004)

786 N.Y.S.2d 476

In the Matter of JON McGILLICK et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

December 16, 2004.


Petitioner claims that from September 13 to September 27, 2001, he was assigned by his employer, a private contractor, to the site of the World Trade Center; that respondent City owed him a duty to provide him with protective gear against toxic substances at the site; and that the City's failure to do so caused him to suffer a respiratory injury. Petitioner admits that he began experiencing breathing problems almost immediately, but that it was not until August 10, 2002,...

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