From Casetext: Smarter Legal Research

Brady v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2002
296 A.D.2d 365 (N.Y. App. Div. 2002)

Opinion

2001-05486

Submitted June 6, 2002

July 1, 2002.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), entered May 14, 2001, as granted that branch of the defendant's motion which was for summary judgment dismissing the plaintiffs' common-law negligence cause of action.

Anthony J. Scarcella, P.C., White Plains, N.Y. (M. Sean Duffy of counsel), for appellants.

Marie R. Hodukavich, Peekskill, N.Y., for respondent.

ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff Matthew Brady was injured in a motorcycle accident during a police motorcycle training course. He and his wife commenced this action against his employer, the City of New Rochelle, alleging, inter alia, negligence. The Supreme Court granted summary judgment to the defendant, and the plaintiffs appeal from so much of the order as dismissed his common-law negligence cause of action. We affirm.

The defendant established that Brady was performing his official duties as a police officer at the time of the accident. Therefore, his common-law negligence cause of action is barred by General Obligations Law § 11-106 (see Melendez v. City of New York, 271 A.D.2d 416, 417; Flynn v. City of New York, 258 A.D.2d 129, 135-136). In any event, his common-law negligence cause of action is barred on the ground that he received salary and medical benefits pursuant to General Municipal Law § 207-c (see Tighe v. City of Yonkers, 284 A.D.2d 325, 326; Braxton v. City of Yonkers, 278 A.D.2d 265; O'Hare v. City of New Rochelle, 249 A.D.2d 375) . Accordingly, that branch of the defendant's motion which was for summary judgment dismissing the plaintiff's common-law negligence cause of action was properly granted.

FLORIO, J.P., FRIEDMANN, H. MILLER and CRANE, JJ., concur.


Summaries of

Brady v. City of New Rochelle

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2002
296 A.D.2d 365 (N.Y. App. Div. 2002)
Case details for

Brady v. City of New Rochelle

Case Details

Full title:MATTHEW BRADY, ET AL., appellants, v. CITY OF NEW ROCHELLE, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 2002

Citations

296 A.D.2d 365 (N.Y. App. Div. 2002)
744 N.Y.S.2d 494

Citing Cases

Bolte v. City of N.Y.

holding in Kenavan, Mcgee, Santangelo, and Cooper, the legislature saw fit to partially abrogate the prior…

Yacoub v. Natt Leasing, Inc.

The second, however, creating a statutory right of action against a municipal employer for injuries sustained…