New York Court of Appeals
Bertha Williams
May 11, 20042 N.Y.3d 352
Summary
The New York Court of Appeals affirmed the Appellate Division decisions dismissing the plaintiffs' claims under General Municipal Law § 205‑e in both the McCormick and Williams cases. The court held that the plaintiffs failed to establish a statutory violation—under the Penal Law in McCormick and under Labor Law § 27‑a in Williams—required to predicate liability. Accordingly, summary judgment was proper and the City’s motions were granted.