A New York City Police Officer received a $650,000 settlement from the City of New York after slipping on water on a station house staircase. The air conditioning in the command wasn’t working and a member of the service opened a skylight located above the subject staircase. Unfortunately, the skylight remained open during a rain storm causing a water condition on the staircase. The Officer slipped on the water sustaining an injury to his left shoulder. The injury required surgery to repair a torn labrum and partially torn rotator cuff. The Officer subsequently received a 3/4 line-of-duty disability pension. Unfortunately, the Officer did not know he could sue the City of New York and approximately seven months elapsed from the date of the line-of-duty accident making it difficult for a Court to approve an application for permission to file a late notice of claim. DCD filed the application for permission to file approximately four months after the 90-day time limitation to file expired. DCD was successful in persuading a Justice of the Kings County Supreme Court to grant the Officer’s application to file a late notice of claim. DCD then sued the City of New York pursuant to GML §205-e claiming the City of New York violated Labor Law Section §27(a)3 by not providing the Officer with a “safe place to work.” DCD also alleged the City of New York violated Sections 27-369 and 28-301.1 of the New York City Administrative Code. After several conferences and pre-trial Court appearances Dominic DiPrisco was able to secure a $650,000 settlement for the injured Officer.
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