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McCARTHY v. CITY OF NEW YORK

5 A.D.3d 445 (2004)

772 N.Y.S.2d 589

SEAN McCARTHY, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

March 8, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the cause of action based on General Municipal Law § 205-e is denied, and that cause of action is reinstated against the City of New York.

The plaintiff, a police officer who was injured while on duty, contends that the defendant City of New York is liable for damages pursuant to General Municipal Law §...

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