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Schwarzrock v. Thurcon Development Co.

Appellate Division of the Supreme Court of New York, First Department
May 4, 1993
193 A.D.2d 357 (N.Y. App. Div. 1993)

Opinion

May 4, 1993

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).


General Municipal Law § 205-a imposes liability where an injury to a fireman "occurs directly or indirectly" from the negligent failure of a defendant to comply with statutory or regulatory provisions respecting the safety and maintenance of premises (Lusenskas v Axelrod, 183 A.D.2d 244, 246). As interpreted by this Court, this means that liability ensues "`where there is any practical or reasonable connection between a violation and the injury or death of a fireman'" (supra, at 246, quoting McGee v Adams Paper Twine Co., 26 A.D.2d 186, 195, affd 20 N.Y.2d 921).

Plaintiff, a firefighter, was allegedly injured when he jumped off near the top of a rapidly sliding unsecured 35 foot ladder that had been angled against the premises which were on fire, and alleged to have building code violations. Under these circumstances, the IAS Court properly dismissed plaintiff's cause of action, alleging a violation of General Municipal Law § 205-a, since there was no reasonable connection between the violations alleged and plaintiff's injuries (see, e.g., Heyer v City of New York, 176 A.D.2d 550).

Concur — Murphy, P.J., Sullivan, Wallach, Ross and Kassal, JJ.


Summaries of

Schwarzrock v. Thurcon Development Co.

Appellate Division of the Supreme Court of New York, First Department
May 4, 1993
193 A.D.2d 357 (N.Y. App. Div. 1993)
Case details for

Schwarzrock v. Thurcon Development Co.

Case Details

Full title:FREDERICK SCHWARZROCK, JR., et al., Plaintiffs, and JOHN RACK, Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 4, 1993

Citations

193 A.D.2d 357 (N.Y. App. Div. 1993)
597 N.Y.S.2d 41

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