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WEINER v. CITY OF NEW YORK

Index No. 104330/12. Appeal No. 12879N. Case No. 2020-00090.

190 A.D.3d 517 (2021)

2021 NY Slip Op 00229

Clifford Weiner, Appellant, v. City of New York et al., Respondents, and Siemens Electrical, LLC, Formerly Known as Schlesinger-Siemens Electrical, LLC, et al., Respondents.

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

Decided January 14, 2021.

Attorney(s) appearing for the Case

Callagy Law, PC, New York ( Michael J. Smikun of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Jesse A. Townsend of counsel), for City of New York and State of New York, respondents.

Binder & Schwartz LLP, New York ( Wendy H. Schwartz of counsel), for Siemens Electrical, LLC, Siemens Industry, Inc., and Schlesinger Electrical Contractors, Inc., respondents.

Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.

Section 190 of the State Finance Law provides that a state or local government may settle a civil enforcement claim under the New York False Claims Act (NYFCA) (State Finance Law art XIII), notwithstanding a relator's objections, so long as the court determines, after, an opportunity to be heard, that the proposed settlement was "fair, adequate, and reasonable with respect to all parties under all the circumstances" (State Finance Law § 190[5][b][ii]). As noted by the...

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