Alam v. The City of New York

• Citation: 2022 NY Slip Op 31831 (U)
• Decision Date: 10 June 2022
• Docket Number: Index No. 151651/2020,Motion Seq. No. 001
• Parties: MOHAMED ALAM, Plaintiff, v. THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF BUILDINGS, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Defendants.
• Court: New York Supreme Court

2022 NY Slip Op 31831(U)

MOHAMED ALAM, Plaintiff,
v.
THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF BUILDINGS, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Defendants.

Index No. 151651/2020, Motion Seq. No. 001

Supreme Court, New York County

June 10, 2022

Unpublished opinion

MOTION DATE 02/08/2022

DECISION + ORDER ON MOTION

HON. JUDY H. KIM, Justice

The following e-filed documents, listed by NYSCEF document number (Motion 001) 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 were read on this motion to _DISMISS.

Upon the foregoing documents, defendants' motion to dismiss this action is granted.

On February 14, 2020, plaintiff commenced this action for personal injuries allegedly sustained on May 25, 2019, along the street roadway in front of 110 West 56th Street (NYSCEF Doc. No. 1 [Complaint]). Defendants the City of New York, the New York City Department of Buildings, and the New York City Department of Transportation (collectively, the "City") now move, pursuant to CPLR §3211(a)(7), to dismiss the complaint on the ground that plaintiffs cause of action is barred by the Workers' Compensation Law.

In support of its motion the City submits the transcript of plaintiffs testimony at the General Municipal Law ("GML") §50-h hearing, wherein he testified that at the time of his accident he was working as a traffic enforcement agent employed by the New York City Police Department (NYSCEF Doc. No. 16 [GML §50-h Tr. at pp. 10-11]. Plaintiff further testified that

1

he received Workers' Compensation benefits based upon the injuries he sustained from the incident (Id. at ¶14).

The City further submits the affirmation of Mindy Roller, Esq., Assistant Corporation Counsel and Chief of the Workers' Compensation Division at the New York City Law Department, attesting that plaintiff filed a Workers' Compensation claim for the injury sustained on May 25, 2019, and to date, has received approximately $55,400 in indemnity payments and approximately $3,470 for medical treatment (NYSCEF Doc. No. 21 [Roller Affirm, at ¶¶2-3]).

DISCUSSION

Pursuant to Workers' Compensation Law § 10(1), an employee is entitled to receive compensation on a "no-fault" basis for all injuries "arising out of and in the course of the employment" (Melo v Jewish Bd. of Family and Children's Services, Inc., 183 Misc.2d 776, 777 [Sup Ct, Kings County 1999] [internal citations omitted]). Pursuant to Workers' Compensation Law §11...