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CORRECTION OFFICERS' BENEVOLENT ASSN., INC. v. CITY OF NEW YORK

Index No. 24054/16E. Appeal No. 12849. Case No. 2019-03641.

190 A.D.3d 476 (2021)

135 N.Y.S.3d 813

2021 NY Slip Op 00109

Correction Officers' Benevolent Association, Inc., et al., Respondents, v. City of New York, Appellant.

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

Decided January 12, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Kevin Osowski of counsel), for appellant.

Karasyk & Moschella, LLP, New York ( John W. Burns of counsel), for respondents.

Concur—Acosta, P.J., Webber, González, Scarpulla, JJ.

Plaintiffs seek a declaration that the City is in violation of the New York State Public Employee Safety and Health Act (PESHA) (codified at Labor Law § 27-a), as well as the Workplace Violence Prevention Law (WVPL) (codified at Labor Law § 27-b), as a result of its failure to furnish a work environment free from recognized hazards that are likely to cause correction officers death or serious physical harm. They seek an order directing the City to provide correction...

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