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PATROLMEN'S BENEVOLENT ASSN. OF CITY OF N.Y. v. CITY OF NEW YORK

No. 100561/2011, Motion Seq. No. 001.

2011 NY Slip Op 32996(U)

PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, et al., Plaintiffs, v. CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, Defendants.

Supreme Court, New York County.

November 16, 2011.

Attorney(s) appearing for the Case

For plaintiffs: Ronald G. Dunn, Esq. , Gleason, Dunn, Walsh & O'Shea, Albany, NY.

For defendants: Bruce Rosenbaum , Michael A. Cardozo , Corporation Counsel, New York, NY.

DECISION & ORDER

BARBARA JAFFE, Judge.

By notice of motion dated March 18, 2007, defendants move pursuant to CPLR 3211(a)(7) for an order dismissing the complaint. Plaintiffs oppose.

I. BACKGROUND

Pursuant to New York City Administrative Code § 12-127, entitled "City employees injured in course of duty":

a. Any member of the uniformed forces of the fire or police departments . . . who shall be injured while actually employed...

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