Miguel Menard, Plaintiff-Appellant, v. Highbridge House, Inc., et al., Defendants-Respondents. (2011)

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Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about July 24, 2009, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff firefighter was injured in a common stairwell between two floors after a tenant, descending in a panic because of the smoke filling the hallway on the floor above, collided with him and he fell.   He alleges, pursuant to General Municipal Law § 205-a, that his injuries resulted from defendants' violations of Administrative Code of City of N.Y. §§ 27-127 and 27-128 (renumbered § 28-301.1 by Local Law No. 33 [2007] § 11, eff July 1, 2008).   These provisions require building owners to maintain their premises in a safe condition.   Plaintiff claims that the storage of combustible clothing on the exterior balcony of an apartment violated these provisions, that the clothing caught fire, encouraged the spread of the fire, and created the heavy smoke conditions that prompted the tenant to flee down the stairs, knocking him down as she tried to pass him.

The record demonstrates that any such alleged violation “did not directly or indirectly cause plaintiff's injuries” (see Giuffrida v. Citibank Corp., 100 N.Y.2d 72, 82 [2003] ), but that they were caused by the collision with a panicked tenant heedlessly fleeing the scene of a likely fire.   This is among the risks ordinarily encountered by firefighters (see generally Mullen v. Zoebe, Inc., 86 N.Y.2d 135, 142 [1995] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK