Opinion
Argued November 20, 2000.
December 12, 2000.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered July 10, 2000, which denied its motion to dismiss the amended complaint.
William M. Mooney, Corporation Counsel, Yonkers, N.Y. (Joseph Madden of counsel), for appellant.
Harold, Salant, Strassfield Spielberg, White Plains, N Y (Jerold Rotbard of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the amended complaint is dismissed.
In view of the undisputed evidence that the plaintiff received benefits for his injury pursuant to General Municipal Law § 207-c, his cause of action in the amended complaint based on General Municipal Law § 205-e is barred (see, Nieves v. City of Yonkers, 268 A.D.2d 412; O'Hare v. City of New Rochelle, 249 A.D.2d 375; Damiani v. City of Buffalo, 198 A.D.2d 814; O'Dette v. Parton, 190 A.D.2d 1074; see also, Petendree v. City of Yonkers, 270 A.D.2d 403). Since the plaintiff's common-law negligence cause of action was properly dismissed by prior order of the Supreme Court, entered May 18, 1999 (see, Braxton v. City of Yonkers, 270 A.D.2d 403 [Appellate Division Docket No. 1999-05314, decided herewith]), the defendant's motion to dismiss the amended complaint in its entirety should have been granted.