STELLA v. NEW YORK CITY TRANSIT AUTH.


240 A.D.2d 167 (1997)

657 N.Y.S.2d 702

Jeffrey Stella, Appellant, v. New York City Transit Authority, Respondent

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

June 3, 1997


Defendant concedes that under General Obligations Law § 11-106, approved October 9, 1996 and effective immediately (L 1996, ch 703, §§ 5, 6), after the motion court issued the orders on appeal, the "firefighter's rule" no longer bars plaintiff's cause of action for common-law negligence, and we accordingly modify to reinstate that cause of action. However, the companion amendment adding the new subdivision (3) to General Municipal Law § 205-e (L 1996,...

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