Opinion
916
June 4, 2002.
Order, Supreme Court, New York County (Louis York, J.), entered November 29, 2001, which, inter alia, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
JOSEPH L. DECOLATOR, for Plaintiffs-respondents.
WILLIAM D. BUCKLEY, for Defendant-appellant.
Nardelli, J.P., Sullivan, Ellerin, Lerner, Rubin, JJ.
Contrary to defendant's argument, General Obligations Law § 11-106 is applicable here and permits plaintiff's assertion of this type of common-law negligence claim once barred under the "firefighter's rule." In addition, in view of material factual questions as to whether the statutory and code violations alleged against defendant were reasonably or practically connected to plaintiff's harm, the motion court properly denied defendant's motion for summary judgment dismissing plaintiff's claim pursuant to General Municipal Law § 205-e (see, Lusenskas v. Axelrod, 183 A.D.2d 244, 247-248,appeal dismissed 81 N.Y.2d 300).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.