SPENCE v. CITY OF NEW YORK

2019-11300. Index No. 512382/16.

202 A.D.3d 1124 (2022)

159 N.Y.S.3d 907

2022 NY Slip Op 01194

Isiah Spence, Appellant, v. City of New York, Respondent.

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

Decided February 23, 2022.


Attorney(s) appearing for the Case

Decolator Cohen & DiPrisco, LLP, Garden City, NY ( Joseph L. Decolator of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York, NY ( Jeremy W. Shweder and John Moore of counsel), for respondent.

Duffy, J.P., Iannacci, Maltese and Ford, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff, a police officer who was assigned to work a security post at a 911 call center, arrived by vehicle at a security barrier that restricted access to the call center building to authorized persons. The security barrier was operated by other police officers who lowered and raised it with the push of a button. Upon the plaintiff's arrival, a fellow officer lowered...

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