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POWELL v. CITY OF NEW YORK

Index No. 159841/18 Appeal No. 164 Case No. 2022-03316.

218 A.D.3d 1 (2023)

193 N.Y.S.3d 111

2023 NY Slip Op 03843

CONRAD POWELL, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided July 13, 2023.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., New York City ( Christopher J. DelliCarpini and Stephen C. Glasser of counsel), for appellant.

Fabiani Cohen & Hall, LLP, New York City ( Janet P. Ford of counsel), for respondent.

GESMER and GONZÁLEZ, JJ., concur with MENDEZ, J.; WEBBER, J.P., dissents in a separate opinion in which SCARPULLA, J., concurs.

OPINION OF THE COURT

APPEAL from an order of the Supreme Court, New York County (Lynn R. Kotler, J.), entered July 27, 2022. The order granted defendant's motion for summary judgment dismissing the complaint.

Powell v City of New York, 2022 NY Slip Op 34586(U), reversed.

Plaintiff brings this Labor Law...

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