Opinion
March 31, 1998
Appeal from the Supreme Court, New York County (Stuart Cohen, J.).
Plaintiff firefighter alleged that while fighting a fire inside the subject premises, he was hit on the back by an air conditioning duct that fell from the ceiling, causing him to fall and land, twisting his knee on stock and debris that were lying in the aisle space of the store, in violation of certain municipal statutes, rules and ordinances.
Supreme Court properly reinstated plaintiff's General Municipal Law § 205-a claim since the conflicting allegations of the parties raised issues of fact with respect to whether defendants created or had notice of a condition constituting a violation of a statute, rule or ordinance and as to whether such a violation directly or indirectly caused plaintiff's harm ( O'Connell v. Kavanagh, 231 A.D.2d 29; Cosgriff v. City of New York, 241 A.D.2d 382; cf., McCullagh v. McJunkin, 240 A.D.2d 713).
As defendants commendably concede in their reply brief, plaintiff's negligence action was properly instituted pursuant to General Obligations Law § 11-106, which significantly restricts the scope of the firefighter's rule ( see, L 1996, ch 703; Castro v. Trost, 237 A.D.2d 983). Contrary to their contention, however, Supreme Court also properly denied their motion for summary judgment dismissing this cause of action since issues of fact exist warranting a trial of the matter.
Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Saxe, JJ.