MATTER OF MESSADO

508804

76 A.D.3d 740 (2010)

907 N.Y.S.2d 350

In the Matter of the Claim of BERNARD R. MESSADO, Appellant. CITY OF NEW YORK, Respondent; COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 5, 2010.


Claimant was employed as a clerical worker by a city agency. He was disgruntled because he believed that his coworkers were speaking about him behind his back in a derogatory fashion and also calling him names. While one of these coworkers was having lunch at a nearby restaurant with two other coworkers, claimant confronted him in a threatening manner and used profanity. Upon returning from lunch, these individuals reported the...

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