Opinion
August 1, 1994
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
We find that the plaintiff's complaint states a cause of action based on General Municipal Law § 205-e (1). That statute, as amended in 1992 (L 1992, ch 474), provides that damages may be recovered when a police officer is injured "at any time or place" due to a person's failure to comply with, inter alia, a statute, rule, order or requirement of any department of a city government. The amendment overruled prior cases which held that the laws or regulations violated must concern the maintenance or safety of premises (see, Malsky v. Towner, 196 A.D.2d 532). Since this amendment is to be applied retroactively (see, Malsky v Towner, supra, at 532; see also, Santangelo v. State of New York, 193 A.D.2d 25), the allegations in the complaint are sufficient to state a cause of action under the statute. Lawrence, J.P., O'Brien, Copertino and Friedmann, JJ., concur.