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JENSEN v. OAK POINT ASSETS, LLC

295 A.D.2d 114 (2002)

742 N.Y.S.2d 821

ROBERT S. JENSEN et al., Respondents, v. OAK POINT ASSETS, LLC, Appellant. (And a Third-Party Action.)

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

Decided June 4, 2002.

Contrary to defendant's argument, General Obligations Law § 11-106 is applicable here and permits plaintiff's assertion of this type of common-law negligence claim once barred under the "firefighter's rule." In addition, in view of material factual questions as to whether the statutory and code violations alleged against defendant were reasonably or practically connected to plaintiff's harm, the motion court properly denied...

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