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VON ANCKEN v. CITY OF NEW YORK

245 A.D.2d 286 (1997)

666 N.Y.S.2d 16

Heinz Von Ancken 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, Second Department.

December 1, 1997

Ordered that the order is affirmed, with costs.

The plaintiff Heinz Von Ancken, a police officer, was injured by an explosion while assisting at the scene of several manhole fires. The Supreme Court properly dismissed the complaint on the ground that a claim pursuant to General Municipal Law § 205-e could not be predicated on an alleged violation of the New York City Fire Department's All Units Circular No. 180 (Revised), since that directive neither imposes...

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