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MORALES v. CITY OF NEW YORK

2017-05323. Index No. 26575/05.

193 A.D.3d 923 (2021)

2021 NY Slip Op 02386

Robert Morales, Respondent-Appellant, v. City of New York et al., Respondents, and Nasco, Appellant-Respondent, et al., Defendants.

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

Decided April 21, 2021.

Attorney(s) appearing for the Case

James J. Toomey , New York, NY ( Evy Kazansky of counsel), for appellant-respondent.

Weitz & Luxenberg, P.C., New York, NY ( Gennaro Savastano and Nicholas Wise of counsel), for respondent-appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Kathy Park and Julie Steiner of counsel), for respondents.

Chambers, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion of the defendants City of New York and New York City Police Department which were for summary judgment dismissing so much of the first cause of action as alleged a violation of General Municipal Law § 205-e predicated upon Labor Law § 27-a, and the cross claims of the defendant NASCO insofar as asserted against them, and substituting therefor a...

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