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GAMMONS v. CITY OF NEW YORK

No. 220.

24 N.Y.3d 562 (2014)

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

Court of Appeals of New York.

Decided December 18, 2014.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Michael Shender , Kristin M. Helmers , Margaret G. King and Richard Dearing of counsel), for appellants.

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

Robert F. Danzi , New York State Trial Lawyers Association, New York City, and Sullivan Papain Block McGrath & Cannavo P.C., New York City ( Brian J. Shoot of counsel), for New York State Trial Lawyers Association, amicus curiae.

Chief Judge LIPPMAN and Judges SMITH and ABDUS-SALAAM concur; Judge PIGOTT dissents in an opinion in which Judge READ concurs.

OPINION OF THE COURT

In this appeal concerning a police officer's personal injury action against municipal defendants the City of New York and the New York City Police Department, we conclude that Labor Law § 27-a (3) (a) (1) sets forth an objective clear legal duty that...

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