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WEINER v. CITY OF NEW YORK

No. 96.

19 N.Y.3d 852 (2012)

970 N.E.2d 427

947 N.Y.S.2d 404

2012 NY Slip Op 4207

MARK WEINER, Appellant, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Law Office of Arnold E. DiJoseph, P.C., New York City ( Arnold E. DiJoseph, III , of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Julie Steiner , Stephen J. McGrath and Michael Shender of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered as unnecessary.

Plaintiff Mark Weiner, who was employed by the New York City Fire Department as an emergency medical technician, was hurt while responding to a report of an injured person on a boardwalk in Brighton Beach. He applied for and received workers' compensation benefits from his employer—the...

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