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BRAXTON v. CITY OF YONKERS

278 A.D.2d 266 (2000)

718 N.Y.S.2d 182

MARK BRAXTON, Respondent, v. CITY OF YONKERS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 11, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the amended complaint is dismissed.

In view of the undisputed evidence that the plaintiff received benefits for his injury pursuant to General Municipal Law § 207-c, his cause of action in the amended complaint based on General Municipal Law § 205-e is barred (see, Nieves v City of Yonkers, 268 A.D.2d 412; O'Hare v City of...

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