Summary
In Dempsey v Manhattan Bronx Surface Tr. Operating Auth., 214 AD2d 334 (1st Dept 1995), the Appellate Division found that "... State agencies are subject to local laws and regulations when acting in a proprietary as opposed to a governmental capacity..."
Summary of this case from Diaz v. State of New YorkOpinion
April 6, 1995
Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).
The IAS Court correctly held that defendants-appellants State agencies are subject to local laws and regulations when acting in a proprietary as opposed to governmental capacity (see, Miller v State of New York, 62 N.Y.2d 506, 511), that their alleged failure to properly maintain the premises in violation of the Administrative Code and Fire Department Rules was proprietary in nature, and, like any other landlord, are liable under General Municipal Law § 205-a when the alleged violation of a local law or regulation has a "reasonable connection" to an injury sustained by a firefighter (Johnson v Riggio Realty Corp., 153 A.D.2d 485, 487, lv dismissed 74 N.Y.2d 945). Such a connection has been shown here sufficiently to withstand appellants' motion for summary judgment.
Concur — Murphy, P.J., Wallach, Asch, Nardelli and Mazzarelli, JJ.