Opinion
March 8, 1994
Appeal from the Supreme Court, New York County (William Davis, J.).
Plaintiff firefighter claims that he sustained injuries when he slipped on a towel and fell, sustaining injuries while fighting a fire inside defendant hospital's premises, and that he is entitled to damages under General Municipal Law § 205-a in that his injuries were a result of defendant's violation of various safety provisions respecting the maintenance of its premises. The claim, to the extent that it is not purely conjectural, e.g., the assertion that the automatic smoke dampers designed to shut down the ventilation system failed to operate, is based on alleged violations of safety rules that would not have created hazards additional to those that firefighters already face in their profession, e.g., the assertion that defendant did not enforce no-smoking rules (see, Kenavan v. City of New York, 70 N.Y.2d 558, 567) Clearly, the accumulation of smoke and the resulting limitation of visibility is a hazard inherent in a firefighter's ordinary duties. Accordingly, the IAS Court properly denied plaintiff leave to serve an amended complaint and granted summary judgment in favor of defendant.
Concur — Sullivan, J.P., Rosenberger, Ross, Rubin and Williams, JJ.