McGillick v. City of New York

Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered August 6, 2003, granting leave to file a late notice of claim, unanimously affirmed, without costs.

Petitioner claims that from September 13 to September 27, 2001, he was assigned by his employer, a private contractor, to the site of the World Trade Center; that respondent City owed him a duty to provide him with protective gear against toxic substances at the site; and that the City’s failure to do so caused him to suffer a respiratory injury. Petitioner admits that he began experiencing breathing problems almost…