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SMITH v. CITY OF NEW YORK

288 A.D.2d 369 (2001)

733 N.Y.S.2d 474

CONSTANCE SMITH et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Defendants, and EVELYN CORTEZ et al., Appellants-Respondents.

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

Decided November 19, 2001.

Ordered that the order is affirmed, without costs or disbursements.

On August 7, 1994, the decedent, Wayne Smith, a captain in the Fire Department of the City of New York (hereinafter the decedent), was fighting a fire along with other firefighters at a three-story building located at 81-04 37th Avenue in Queens. While on the third floor of the building, the decedent was overtaken by the fire and died from related injuries approximately two months later.

The...

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