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MAKINEN v. CITY OF NEW YORK

No. 104

30 N.Y.3d 81 (2017)

86 N.E.3d 514

64 N.Y.S.3d 622

2017 NY Slip Op 07208

KATHLEEN MAKINEN et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

Court of Appeals of New York.

Decided October 17, 2017.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York City ( Kathy Chang Park , Richard Dearing and Devin Slack of counsel), for appellants.

Gleason, Dunn, Walsh & O'Shea, Albany ( Lisa F. Joslin and Daniel A. Jacobs of counsel), for respondents.

Chief Judge DiFiORE and Judges RIVERA, WILSON and FEINMAN concur; Judge GARCIA dissents and votes to answer the certified question in the negative, in an opinion in which Judge STEIN concurs.

OPINION OF THE COURT

The United States Court of Appeals for the Second Circuit has certified — and we have accepted for review (29 N.Y.3d 1019 [2017]) — the question whether "sections 8-102(16)(c) and 8-107(1)(a) of the New York...

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