Opinion
Argued February 2, 2001.
March 5, 2001.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Lebowitz, J.), dated May 9, 2000, as granted that branch of the defendants' motion which was for summary judgment dismissing the cause of action based on General Municipal Law § 205-a.
Sullivan Papain Block McGrath Cannavo, P.C., New York, N Y (Stephen C. Glasser and Stewart G. Milch of counsel), for appellants.
Purcell Ingrao, P.C., Mineola, N.Y. (Anthony Marino of counsel), for respondents.
Before: WILLIAM D. FRIEDMANN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly dismissed the cause of action based on General Municipal Law § 205-a since there is no reasonable or practical connection between the violations alleged and the injuries sustained by the plaintiff firefighter (see, Kenavan v. City of New York, 267 A.D.2d 353; Dillon v. City of New York, 238 A.D.2d 302; Patsos v. Suffolk Charles Assoc., 226 A.D.2d 608).
The Supreme Court properly considered the arguments raised in the defendants' reply affirmation, since they were made in direct response to the plaintiffs' opposition papers (cf., Held v. Kaufman, 238 A.D.2d 546, affd 91 N.Y.2d 425; Murphy v. Hanover Ins. Co., 239 A.D.2d 323).