Gammons v. City of New York

*191OPINION OF THE COURT

Leventelal, J.

On this appeal, we consider, among other things, whether the decision of the Court of Appeals in Williams v City of New York (2 NY3d 352 [2004]) warrants a departure from our holding in Balsamo v City of New York (287 AD2d 22 [2001]). Stated differently, we primarily address the issue of whether Labor Law § 27-a (3) (a) (1) constitutes a sufficient statutory predicate for a police officer’s cause of action to recover damages pursuant to General Municipal Law § 205-e even though Labor Law § 27-a does not provide for a private right of action. For the reasons…