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WEINER v. CITY OF NEW YORK

2009-09634.

84 A.D.3d 140 (2011)

922 N.Y.S.2d 160

MARK WEINER, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided April 26, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Barry P. Schwartz , Julie Steiner , and Michael Shender , of counsel), for appellants.

Friedman, Khafif & Sanchez, LLP, Brooklyn ( Andrew M. Friedman , and Arnold DiJoseph , of counsel), for respondent.

PRUDENTI, P.J., DILLON and CHAMBERS, JJ., concur.

OPINION OF THE COURT

BALKIN, J.

The principal issue on this appeal is whether a New York City emergency medical technician injured in the line of duty on municipal property because of alleged defects in those premises may maintain an action against his municipal employer under General Municipal Law § 205-a despite his eligibility for workers' compensation benefits. In determining this issue, we must resolve the tension between Workers' Compensation...

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