Practice point: General Municipal Law § 205-a[1] provides a right of action for
firefighters who are injured "as a result of any neglect, omission,
willful or culpable negligence" of the defendant "in failing to comply
with the requirements of any of the statutes, ordinances, rules, orders
and requirements of the federal, state, county, village, town or city
governments."
Student note: While the plaintiff
is not required to prove such notice as would be required under a
common-law theory of negligence, the statute still requires a showing that the violation was the result of the defendant's neglect, omission, willful or culpable
negligence.
Case: Desthers v. Espinal, NY Slip Op 07323 (2d Dept. 2014)
Here is the decision.
Monday's issue: Striking a pleading for a discovery violation.
