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FISHER, JR. v. CITY OF NEW YORK

48 A.D.3d 303 (2008)

851 N.Y.S.2d 497

STEPHEN G. FISHER, JR., et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant, and THIRTY EAST 30TH STREET, LLC, et al., Respondents, et al., Defendants.

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

Decided February 19, 2008.

The motion court correctly concluded that the statutory and regulatory provisions relied on by plaintiff firefighter as predicates for his claim under the "firefighter rule" (General Municipal Law § 205-a) are inapplicable, or that the record does not raise any triable issues of fact as to the violation of those provisions. Specifically, Labor Law § 27-a is inapplicable because plaintiff's respiratory injury, which was...

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