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RAQUET v. BRAUN

90 N.Y.2d 177 (1997)

681 N.E.2d 404

659 N.Y.S.2d 237

Frank P. Raquet et al., Plaintiffs, v. Carol Braun et al., Respondents, and W.N.Y. Carpet Factory Outlet, Inc., et al., Appellants. Frank P. Raquet et al., Plaintiffs, v. Clifford A. Zane et al., Defendants, and Leonard J. Zane, Appellant. Carol J. Braun et al., Third-Party Plaintiffs-Respondents, v. Clifford A. Zane et al., Third-Party Defendants, and Leonard J. Zane, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Quackenbush, Cessario & Hamlin, Buffalo (John J. Quackenbush, Jr., of counsel), for W.N.Y. Carpet Factory Outlet, Inc., and others, appellants.

Quinn, McGarry & Caffery, P. C., Buffalo (David C. Quinn of counsel), for Leonard J. Zane, appellant and third-party defendant-appellant.

Roach, Brown, McCarthy, Gruber & Chiari, P. C., Buffalo (J. Mark Gruber and Elizabeth G. Redmond of counsel), for Benito Olivieri, respondent.

Lustig & Brown, L. L. P., Buffalo (Robert A. Baker and James J. Duggan of counsel), for Carol Braun and others, respondents and third-party plaintiffs-respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY taking no part.

TITONE, J.

In Zanghi v Niagara Frontier Transp. Commn. (85 N.Y.2d 423), we held that the cause of action for injured firefighters that was authorized by General Municipal Law former § 205-a is available only against parties who were in possession or control of the premises at the time the accident occurred.1 This appeal, which involves...

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