GIORDANELLA v. CITY OF NEW YORK

2014-08752, Index No. 8073/12.

134 A.D.3d 894 (2015)

20 N.Y.S.3d 658

2015 NY Slip Op 09251

RALPH GIORDANELLA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 16, 2015.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, an employee of the City of New York Department of Sanitation, allegedly was injured when a participant in a community service program working with him assaulted him with a rake. The Supreme Court granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant City of New York on the basis of the governmental...

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