OFFICER RECEIVES A $900,000 SETTLEMENT FROM CITY OF NEW YORK AFTER DCD REVIVES LAWSUIT
An Officer assigned to Police Headquarters received a settlement of $900,000 from the City of New York after sustaining serious injuries while conducting a vehicle survey inside the Headquarters annex garage. The Officer accidentally stepped in an uncovered drain that was backed up with water which made the uncovered drain impossible to see. The Officer injured his right foot and back, and underwent lumbar spinal fusion surgery. The Officer was awarded a ¾ line-of-duty disability pension.
Initially, the Officer was unaware of his GML§ 205-e right to sue until an attorney who is familiar with DCD instructed the Officer to call our office. The Officer immediately retained DCD who filed an application with a Justice of New York County Supreme Court seeking permission to file a late notice of claim. The Officer was less than 45 days late in filing the notice of claim and the LOD report was concise and detailed regarding the accident. These facts compelled a New York County Supreme Court Justice to grant the Officer’s application.
DCD sued the City of New York pursuant to GML§ 205-e and Labor Law§ 27(a)(3) claiming the City of New York had knowledge of the lack of a drainage cover thereby creating a dangerous condition. At a pre-trial conference the City settled the case for $900,000.