City lawyers had asked Engoron to throw out the case, claiming cops don’t have the right to sue over the policy under 50-a.
Engoron disagreed. He will let the PBA’s case go forward for now, writing that “based on the law, common sense, and simple justice, the cross-motion is denied.”
PBA President Patrick Lynch lauded Engoron’s decision, saying in a statement, “We are hopeful that the judge will uphold the will of the Legislature when he rules on the merits of our suit."
The city Law Department issued a statement regarding the ruling.
“While the Court did not elect to dismiss this case based on the procedural infirmities we raised, we believe that, on the merits, dismissal remains warranted, and we look forward to presenting those grounds to the court,” it said.