BRADY v. ALBURY (2022)

Having read and considered the submissions of the defendant, Yvonne Chambers, on this motion for summary judgment and those of the plaintiff in opposition and defendant's reply (NYSCEF Doc. Nos. 144-161, 163, 164), the Court finds as follows:

There are issues of fact precluding summary judgment including whether the presence of debris at defendant's premises created conditions that prevented plaintiff and other members of the Fire Department from entering the premises to perform tasks necessary to contain the fire. Plaintiff has raised material factual issues through evidence including plaintiff's deposition, Fire Department Reports, affidavits from Fire Lieutenant Cimorelli and plaintiff's expert.

Among the statutory violations alleged, plaintiff cited codes including the general maintenance requirements of the Building Code of the City of New York § 301.1, the Fire Code of the City of New York § 29-107.5 and the Property Maintenance Code of the State of New York § 108.1.5. These codes are sufficient predicates to establish a basis for liability under General Municipal Law § 205-a. A jury could reasonably conclude that the code violations were the indirect cause of plaintiff's injuries who, allegedly in attempting to flee the premises, was struck by the structure of the building that had collapsed.

Defendant's motion for summary judgment is accordingly denied.

Odessa Kennedy, J.