McMillon v. City of New York

Appellate Division of the Supreme Court of New York

McMillon v. City of New York

269 A.D.2d 370, 702 N.Y.S.2d 566, 2000 N.Y. App. Div. LEXIS 1240

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 7, 2000

StatusPublished

This text of 269 A.D.2d 370 (McMillon v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McMillon v. City of New York, 269 A.D.2d 370, 702 N.Y.S.2d 566, 2000 N.Y. App. Div. LEXIS 1240 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated October 15, 1998, as granted that branch of the defendant’s motion which was to dismiss those causes of action in the plaintiff’s complaint which sought to recover damages pursuant to General Municipal Law § 205-e.

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and that branch of the defendant’s motion which was to dismiss those causes of action in the plaintiffs’ complaint which sought to recover damages pursuant to General Municipal Law § 205-e is denied.

The defendant, the City of New York, correctly concedes that, in light of the decision of the Court of Appeals in Schiavone v City of New York (92 NY2d 308), the plaintiffs’ causes of action pursuant to General Municipal Law § 205-e must be reinstated. Ritter, J. P., Sullivan, S. Miller and Luciano, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated October 15, 1998, as granted that branch of the defendant’s motion which was to dismiss those causes of action in the plaintiff’s complaint which sought to recover damages pursuant to General Municipal Law § 205-e.

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and that branch of the defendant’s motion which was to dismiss those causes of action in the plaintiffs’ complaint which sought to recover damages pursuant to General Municipal Law § 205-e is denied.

The defendant, the City of New York, correctly concedes that, in light of the decision of the Court of Appeals in Schiavone v City of New York (92 NY2d 308), the plaintiffs’ causes of action pursuant to General Municipal Law § 205-e must be reinstated. Ritter, J. P., Sullivan, S. Miller and Luciano, JJ., concur.

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Bluebook (online)

269 A.D.2d 370, 702 N.Y.S.2d 566, 2000 N.Y. App. Div. LEXIS 1240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillon-v-city-of-new-york-nyappdiv-2000.

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