Bello v. City of N.Y., 2018–00418

CourtNew York Supreme Court Appellate Division
Citation115 N.Y.S.3d 98,178 A.D.3d 648
Docket NumberIndex No. 12957/14,2018–00418
Parties James BELLO, Plaintiff, Eric Rosen, Appellant, v. CITY OF NEW YORK, et al., Respondents, et al., Defendants.
Decision Date04 December 2019

178 A.D.3d 648
115 N.Y.S.3d 98

James BELLO, Plaintiff,

Eric Rosen, Appellant,
v.
CITY OF NEW YORK, et al., Respondents, et al., Defendants.

2018–00418
Index No. 12957/14

Supreme Court, Appellate Division, Second Department, New York.

Submitted - September 27, 2019
December 4, 2019


115 N.Y.S.3d 99

Charles H. Burger, Brooklyn, N.Y. (Marvin Ben–Aron of counsel), for appellant.

WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, JOHN M. LEVENTHAL, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

178 A.D.3d 648

In a consolidated action to recover damages for personal injuries, the plaintiff Eric Rosen appeals from an order of the Supreme Court, Queens County (Howard G. Lane, J.), entered November 9, 2017. The order, insofar as appealed from, granted that branch of the motion of the defendants City of New York, New York City Police Department, and Robert M.

115 N.Y.S.3d 100

Hammer which was for summary judgment dismissing the complaint of the plaintiff Eric Rosen insofar as asserted against the defendants City of New York and Robert M. Hammer.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff Eric Rosen allegedly sustained injuries in a motor vehicle accident while working as a volunteer auxiliary police officer for the New York City Police Department (hereinafter NYPD). Rosen was a passenger in an NYPD auxiliary police vehicle operated by auxiliary police officer Robert M. Hammer when it collided with another vehicle. On the day of the accident, an NYPD sergeant completed a form entitled "State of New York Workers' Compensation Board Employer's Report of Work–Related Accident/Occupational Disease," which stated

178 A.D.3d 649

that Rosen was injured in a motor vehicle accident while working as a volunteer auxiliary police officer. The Workers' Compensation Board (hereinafter the Board) ultimately issued a decision regarding Rosen's workers' compensation claim. The Board determined that Rosen sustained a work-related injury to his right shoulder and neck, and authorized Rosen to receive medical treatment, as necessary, for the injury. The decision listed Rosen's employer as "NYC Police Department." Rosen objected to the Board's decision, challenging, inter alia, his classification as an employee of the NYPD for the purposes of the Workers' Compensation Law.

Rosen commenced an action against the City of New York, the NYPD, and Hammer (hereinafter collectively the defendants), among others, to recover damages for personal injuries he allegedly sustained in the accident. That action was consolidated with a personal injury action commenced by another auxiliary police officer involved in the same accident. The defendants thereafter moved, inter alia, for summary judgment dismissing Rosen's complaint insofar as asserted against them based on the exclusivity provisions of the Workers' Compensation...

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2 practice notes
  • Balboa Capital Corp. v. Plaza Auto Care, Inc., 2018–11757
    • United States
    • New York Supreme Court Appellate Division
    • December 4, 2019
    ...prior-out-of-State litigation and gives it res judicata effect, thus avoiding relitigation of issues in one State which have already been 178 A.D.3d 648 decided in another" ( Matter of Farmland Dairies v. Barber, 65 N.Y.2d 51, 55, 489 N.Y.S.2d 713, 478 N.E.2d 1314 ; see Matter of Luna ......
  • Jones v. N.Y.C. Transit Auth., 2017-06870
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2019
    ...to a position in the competitive or labor class" is two months. Paragraph 5.2.7(b) provides that "whenever any agency has with 115 N.Y.S.3d 98 the approval of the commissioner of citywide administrative services established a prescribed formal course of study or training for all p......
2 cases
  • Balboa Capital Corp. v. Plaza Auto Care, Inc., 2018–11757
    • United States
    • New York Supreme Court Appellate Division
    • December 4, 2019
    ...prior-out-of-State litigation and gives it res judicata effect, thus avoiding relitigation of issues in one State which have already been 178 A.D.3d 648 decided in another" ( Matter of Farmland Dairies v. Barber, 65 N.Y.2d 51, 55, 489 N.Y.S.2d 713, 478 N.E.2d 1314 ; see Matter of Luna ......
  • Jones v. N.Y.C. Transit Auth., 2017-06870
    • United States
    • New York Supreme Court Appellate Division
    • December 11, 2019
    ...to a position in the competitive or labor class" is two months. Paragraph 5.2.7(b) provides that "whenever any agency has with 115 N.Y.S.3d 98 the approval of the commissioner of citywide administrative services established a prescribed formal course of study or training for all p......

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