HEYER v. CITY OF NEW YORK


176 A.D.2d 550 (1991)

Glenn W. Heyer et al., Appellants, v. City of New York et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

October 10, 1991


Plaintiff, a firefighter, was allegedly injured when he fell in a pothole in the roadway in front of 216 Bronx Terminal Market Building, in the course of responding to a fire in those premises. Plaintiff's third cause of action, alleging violation of General Municipal Law § 205-a, was dismissed on defendants' motion, for failure to state a cause of action.

To the extent that plaintiff contends that various code violations caused the building fire, which, in turn...

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