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JOHNSON v. WYTHE PLACE, LLC

16376, 302010/10.

134 A.D.3d 569 (2015)

22 N.Y.S.3d 42

2015 NY Slip Op 09373

DAVID JOHNSON, Appellant, v. WYTHE PLACE, LLC, Respondent, et al., Defendant.

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

Decided December 22, 2015.

Plaintiff's General Municipal Law § 205-e claim was not barred by the companion statute to the "firefighter's rule," which imposes absolute liability where a police officer is injured in the line of duty as a result of statutory or regulatory violations (see Giuffrida v Citibank Corp., 100 N.Y.2d 72, 77-78 [2003]), since Wythe was neither plaintiff's employer nor co-employee (see General Obligations Law § 11-106...

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