Opinion
November 27, 1995
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the order is affirmed, with costs.
The plaintiff, a New York City firefighter, injured his knee while participating in a rescue operation following the crash of U.S. Air flight 5050 at LaGuardia Airport on September 20, 1989.
The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff's action is barred by New York's so-called Fireman's Rule (see, e.g., Cooper v City of New York, 81 N.Y.2d 584, 588-589; Santangelo v State of New York, 71 N.Y.2d 393, 396; Kenavan v City of New York, 70 N.Y.2d 558, 566; Cottone v City of New York, 206 A.D.2d 345; Billups v Wickers, 205 A.D.2d 723).
In addition, General Business Law § 245 (1), which provides, "No person shall operate an aircraft in a careless or reckless manner so as to endanger the life or property of others," does not trigger the statutory exception to the Fireman's Rule contained in General Municipal Law § 205-a because General Business Law § 245 (1) is not concerned with the safety of premises, the avoidance of fire hazards, or the enhancement of building safety. Moreover, its violation, even if established, would not create more hazards than those that firefighters already face in performance of their profession (see, e.g., Kenavan v City of New York, supra; June v Laris, 205 A.D.2d 166; Myers v Watral, 191 A.D.2d 542; Fiola v Korman, 189 A.D.2d 798; Sutherland v Hallen Constr. Co., 183 A.D.2d 887; Lusenskas v Axelrod, 183 A.D.2d 244; Johnson v Riggio Realty Corp., 153 A.D.2d 485). Balletta, J.P., Ritter, Copertino and Friedmann, JJ., concur.