MULLEN v. ZOEBE, INC.


86 N.Y.2d 135 (1995)

654 N.E.2d 90

630 N.Y.S.2d 269

Felix T. Mullen, Respondent, et al., Plaintiff, v. Zoebe, Inc., et al., Defendants, and Li-Var Realty Corp., Sued Herein as Li-Var Realty, Appellant.

Court of Appeals of the State of New York.

Decided June 29, 1995.


Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Nina Cangiano, Steven L. Young and Joseph F. Muratore of counsel), for appellant.

Barry, McTiernan & Moore, New York City (Roger P. McTiernan, William E. Fay, III, and Laurel A. Wedinger of counsel), for respondent.

Paul A. Crotty, Corporation Counsel of New York City (Alan Beckoff and Stephen J. McGrath o& counsel), for City of New York, amicus curiae.

Sullivan & Liapakis, P. C., New York City (Michael N. Block, Marshall M. Kolba and Stephen C. Glasser of counsel), for Uniformed Firefighters' Association and another, amici curiae.

Edward M. Cooke, Monticello, and O'Connell and Aronowitz, Albany (Cornelius D. Murray and Kathleen M. Treasure of counsel), for Firemen's Association of the State of New York, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.


LEVINE, J.

Plaintiff, a uniformed firefighter in the Fire Department of the City of New York, incurred a serious back injury while responding to a fire at defendant's two-story building in Rockaway Park, Queens County. The first floor of the building was occupied by two commercial establishments and the second floor by illegal single-room occupancies. The fire was well...

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