LINK v. CITY OF NEW YORK


34 A.D.3d 757 (2006)

825 N.Y.S.2d 518

WILLIAM LINK, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 28, 2006.


Ordered that the order is reversed, on the law, with costs, that branch of the motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action is granted, and that branch of the motion which was for summary judgment dismissing the complaint is denied as academic.

"A police officer seeking to recover under General Municipal Law § 205-e must identify a statute or ordinance with which the defendant failed to comply...

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