BLAKE v. CITY OF NEW YORK

2014-09514, Index No. 17085/13.

144 A.D.3d 1071 (2016)

2016 NY Slip Op 08036

41 N.Y.S.3d 755

BRENDERLINE BLAKE, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided November 30, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (5) to dismiss so much of the cause of action pursuant to General Municipal Law § 205-e as was predicated upon a violation of Labor Law § 27-a (3) (a) (1) as barred by the doctrine of res judicata is granted.

The plaintiff police officer allegedly was injured during an altercation with an individual...

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