Braxton v. City of Yonkers

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered July 10, 2000, which denied its motion to dismiss the amended complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the amended complaint is dismissed.

In view of the undisputed evidence that the plaintiff received benefits for his injury pursuant to General Municipal Law § 207-c, his cause of action in the amended complaint based on General Municipal Law § 205-e is barred (see, Nieves v City of…