Balsamo v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cozier, J.
This appeal presents an issue of first impression: whether a violation of Labor Law § 27-a constitutes a sufficient predicate for a claim pursuant to General Municipal Law § 205-e. We answer this question in the affirmative for the reasons stated herein.
This is an action to recover damages for personal injuries allegedly sustained as the result of a motor vehicle accident. The plaintiff, Patrick Balsamo, a New York City Police Officer, was the recorder in a radio motor patrol car (hereinafter RMP) that was responding to an emergency call during the early morning…
2Cases cited15 opinions
- Santangelo v. State of NYNew York Court of Appeals · 1988
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- Desmond v. City of New YorkNew York Court of Appeals · 1996
- Gonzalez v. IocovelloNew York Court of Appeals · 1999
- Hartnett v. New York City Transit AuthorityNew York Court of Appeals · 1995
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