MUSANO v. CITY OF NEW YORK

11406.

182 A.D.3d 491 (2020)

122 N.Y.S.3d 626

2020 NY Slip Op 02368

Kathryn Musano, Appellant, v. City of New York et al., Respondents, et al., Defendant.

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

Decided April 23, 2020.


Plaintiff, a social worker, was menaced with a knife by a tenant, while on the job at a facility owned and operated by defendant nonprofit entities, and funded by the City defendants, to provide housing and services to individuals suffering from mental illness and/or chronic homelessness.

The court correctly concluded that the City defendants were acting in a governmental capacity when they provided funding for the facility and its services. A party seeking to impose...

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