Gammons v. City of New York

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Plaintiff was a police officer with the New York City Police Department when she was injured while loading wooden police barriers onto a police flatbed truck. Plaintiff sued the City of New York and the New York City Police Department seeking damages, asserting, among other claims, a cause of action under N.Y. Gen. Mun. Law (GML) 205-e for failure to comply with N.Y. Labor Law 27-a, otherwise known as the Public Employee Safety and Health Act (PESHA). Plaintiff based her claims, in part, on the alleged unsafe and dangerous condition of the truck. Defendants moved for summary judgment, claiming that the general duty clause of Labor Law section 27-a(3)(a)(1) could not serve as a statutory predicate to Plaintiff’s GML 205-e cause of action. Supreme Court denied the motion in part, concluding that Labor Law 27-a(3)(a)(1) may serve as a predicate for a violation of GML 205-e. The Court of Appeals affirmed, holding that PESHA’s general duty clause serves as a predicate to Plaintiff’s GML 205-e cause of action for damages. View "Gammons v. City of New York" on Justia Law