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DAVIS v. CITY OF NEW YORK

35 A.D.3d 240 (2006)

824 N.Y.S.2d 709

THELMA D. DAVIS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 12, 2006.

Plaintiff's decedent, a member of the City Council, was fatally shot by an assailant in the Council chambers in 2003. In this action, she alleged inadequate security at City Hall.

As a municipal employee at the Council, the decedent was covered by workers' compensation (Administrative Code of City of NY § 3-204.3; Workers' Compensation Law § 3 [1] [Group 19]). Thus, plaintiff's recovery was limited to the workers' compensation award she has already received...

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