Based on a Fire Department report stating that the fire originated near the stove in DeMaio's apartment, in a closet where oily rags were being stored, plaintiff fireman asserted a section 205-a claim against DeMaio predicated, inter alia, on practices in violation of former Fire Prevention and Building Code (9 NYCRR) § 1191.1 (a) (general precautions) and (e) (maintaining a hazard). The court erred when it held that because these sections are a general codification...
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