Martinez v. City of New York

Ritter, J.,

dissents in part and votes to modify the order appealed from, by deleting the provision thereof granting the cross motion of the defendants City of New York and New York City Board of Education to dismiss and/or for summary judgment dismissing the complaint insofar as asserted against them, and substituting therefor a provision denying the cross motion, and to otherwise affirm insofar as appealed from, with the following memorandum with which Goldstein, J., joins: Because I believe that the plaintiff Walfredo Martinez was engaged in activity protected under Labor Law § 240 (1), I…