Von Ancken v. City of New York

Full title: HEINZ VON ANCKEN et al., Appellants, v. CITY OF NEW YORK et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1997

245 A.D.2d 286 (N.Y. App. Div. 1997)

666 N.Y.S.2d 16

Opinion

December 1, 1997

Appeal from the Supreme Court, Queens County (Price, J.).

Ordered that the order is affirmed, with costs.

The plaintiff Heinz Von Ancken, a police officer, was injured by an explosion while assisting at the scene of several manhole fires. The Supreme Court properly dismissed the complaint on the ground that a claim pursuant to General Municipal Law § 205-e could not be predicated on an alleged violation of the New York City Fire Department's All Units Circular No. 180 (Revised), since that directive neither imposes clear legal duties nor constitutes part of a well-developed body of law and regulation with positive commands that mandate the performance or nonperformance of specific acts ( see, Desmond v. City of New York, 88 N.Y.2d 455, 464; Luongo v. City of New York, 240 A.D.2d 712; Lawrence v. City of New York, 240 A.D.2d 711; Stea v. City of New York, 240 A.D.2d 725).

Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.