NELSON v. DONAHUE


248 A.D.2d 329 (1998)

670 N.Y.S.2d 475

Sean Nelson, Respondent, v. Charles D. Donahue et al., Appellants

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

March 31, 1998


Plaintiff firefighter alleged that while fighting a fire inside the subject premises, he was hit on the back by an air conditioning duct that fell from the ceiling, causing him to fall and land, twisting his knee on stock and debris that were lying in the aisle space of the store, in violation of certain municipal statutes, rules and ordinances.

Supreme Court properly reinstated plaintiff's General Municipal Law § 205-a claim since the conflicting allegations...

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