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GAMMONS v. CITY OF NEW YORK

2011-04823, (Index No. 1901/09)

109 A.D.3d 189 (2013)

972 N.Y.S.2d 559

2013 NY Slip Op 5298

ALLISON GAMMONS, Respondent-Appellant, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

Decided July 17, 2013.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Stephen J. McGrath , Margaret G. King and Michael Shender of counsel), for appellants-respondents.

Oshman & Mirisola, LLP, New York City ( David L. Kremen of counsel), for respondent-appellant.

SKELOS, J.P., ROMAN and MILLER, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

On this appeal, we consider, among other things, whether the decision of the Court of Appeals in Williams v City of New York (2 N.Y.3d 352 [2004]) warrants a departure from our holding in Balsamo v City of New York (287 A.D.2d 22 [2001]). Stated differently, we primarily address the issue...

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