Opinion
June 27, 1994
Appeal from the Supreme Court, Queens County (Rutledge, J.).
Ordered that the order is reversed insofar as appealed from, on the law, the defendants' respective motions for summary judgment dismissing the complaint are granted, and the complaint is dismissed; and it is further,
Ordered that the appellants, appearing separately and filing separate briefs, are awarded one bill of costs.
The plaintiff, a firefighter for New York City at the time of the incident, was allegedly burned by the spray-back from hot tar after responding to a fire concerning a tar kettle on a roof. The complaint alleged two causes of action, the first based upon common law negligence, and the second based upon statutory negligence pursuant to General Municipal Law § 205-a.
The plaintiff's recovery based upon common law negligence is barred by the "fireman's rule" (see, Cooper v. City of New York, 81 N.Y.2d 584, 588; Santangelo v. State of New York, 71 N.Y.2d 393; Kenavan v. City of New York, 70 N.Y.2d 558). Thus, the first cause of action must be dismissed.
With respect to the plaintiff's second cause of action based upon statutory negligence pursuant to General Municipal Law § 205-a, we find that the injury complained of was not reasonably or practically related to the statute, ordinance, rule, order, or requirement allegedly violated (see, Kenavan v. City of New York, supra, at 558; McDermott v. City of New York, 201 A.D.2d 339; Schwarzrock v. Thurcon Dev. Co., 193 A.D.2d 357; Myers v. Watral, 191 A.D.2d 542; Lusenskas v. Axelrod, 183 A.D.2d 244; Maisch v. City of New York, 181 A.D.2d 467). Thus, this cause of action must also be dismissed. O'Brien, J.P., Santucci, Altman and Krausman, JJ., concur.