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KENAVAN v. CITY OF NEW YORK

70 N.Y.2d 558 (1987)

Regina A. Kenavan, as Administratrix of The Estate of Joseph A. Kenavan, et al., Appellants, v. City of New York, Respondent, et al., Defendant. (Action No. 1.) Robert Verdonik et al., Appellants, v. City of New York, Respondent, et al., Defendant. (Action No. 2.) Angelo Volpicella et al., Appellants, v. City of New York, Respondent, et al., Defendant. (Action No. 3.)

Court of Appeals of the State of New York.

Decided November 25, 1987.

Attorney(s) appearing for the Case

Brian J. Shoot and Harvey Weitz for appellants in the first above-entitled action.

Robert G. Sullivan, Stephen C. Glasser, Pamela Anagnos Liapakis and Michael N. Block for appellants in the second above-entitled action.

Sally Weinraub and Kenneth Falk for appellants in the third above-entitled action.

Peter L. Zimroth, Corporation Counsel (Karen Hutson and Fay Leoussis of counsel), for respondent in the first, second and third above-entitled actions.

Chief Judge WACHTLER and Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur with Judge ALEXANDER; Judge TITONE dissents and votes to reverse in a separate opinion.

ALEXANDER, J.

On January 24, 1976, at approximately 8:00 in the evening, plaintiffs, Ogno, Kenavan, Costello and Volpicella, under the supervision of Captain Verdonik — all members of the New York City Fire Department — were dispatched to extinguish a fire that had ignited in a vehicle abandoned on 37th Street between 7th and 9th Avenues in the Sunset Park section of Brooklyn. Upon reaching the...

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