Davis v. City of New York

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered October 12, 2005, which granted defendants’ motion pursuant to CPLR 3211 (a) to dismiss the complaint, unanimously affirmed, without costs.

Plaintiffs decedent, a member of the City Council, was fatally shot by an assailant in the Council chambers in 2003. In this action, she alleged inadequate security at City Hall.

As a municipal employee at the Council, the decedent was covered by workers’ compensation (Administrative Code of City of NY § 3-204.3; Workers’ Compensation Law § 3 [1] [Group 19]). Thus, plaintiff’s recovery…