Healy v. Rennert
| Decision Date | 13 March 1962 |
| Parties | HEALY v. RENNERT. |
| Court | New York Supreme Court |
Matthew E. McCarthy, New York City, for plaintiff.
Eckhaus, Eckhaus & Eschen, New York City, for defendants.
In this action, based upon section 205-a of the General Municipal Law, arising out of an accident which occurred on January 31, 1956, plaintiff moves for summary judgment. Defendants cross-move for like relief predicated on their defense of general release and res judicata.
In a prior negligence action, arising out of the same accident, brought by the same plaintiff against the same defendants, a jury verdict for the defendants was affirmed by the Appellate Division, 196 N.Y.S.2d 563, but reversed by the Court of Appeals and a new trial ordered, 9 N.Y.2d 202, 213 N.Y.S.2d 44, 173 N.E.2d 777. When the action came on again for trial, a settlement was arrived at and pursuant to the terms of such settlement, the defendants confessed judgment in the sum of $27,500. This amount has been paid in full and the judgment has been discharged of record.
Section 205-a of the General Municipal Law, which is the crux of the present complaint, gives a cause of action to a fireman injured in the course of his duty by failure of persons to comply with the requirements of any ordinance or statute. As was pointed out in Gannon v. Royal Properties, Inc., 285 App.Div. 131, 136 N.Y.S .2d 129, aff'd without opinion, 309 N.Y. 819, 130 N.E.2d 616, the liability imposed by section 205-a is something special and apart from any ordinary liability grounded in negligence and requires specific assertion and submission.
Predicated upon this statement of law, it would appear that plaintiff had some basis and justification for the institution of his present action. However, the same appellate court in Hawkins v. Dec-Art Co., Inc., 12 App.Div.2d 612, 208 N.Y.S.2d 483, which had before it an analogous situation to the present one before this court, held:
A comparison of both complaints under consideration as well as the bill of particulars in the original lawsuit, readily establishes that plaintiff, a fireman, was injured while returning from a fire when his vehicle was struck by the defendants' vehicle. In both pleadings the defendants are charged with their failure to give the right of way to an official fire department vehicle. This appears in paragraph seventh of the original complaint, paragraph 5 of the bill of particulars, and paragraph eighth of the complaint under attack. In fact, the...
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Kenavan v. City of New York
...injury or death of a firefighter (see, McGee v. Adams Paper & Twine Co., 26 A.D.2d 186, 195, 271 N.Y.S.2d 698, supra; Healy v. Rennert, 33 Misc.2d 897, 226 N.Y.S.2d 876, affd. 20 A.D.2d 682, 246 N.Y.S.2d 1017; Burigo v. Di Leo, 38 Misc.2d 851, 239 N.Y.S.2d 166). Plaintiffs argue that under ......
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McGee v. Adams Paper & Twine Co.
...prescribed violations where otherwise there would be no right of recovery for the injury or death of a fireman. (See Healy v. Rennert, 33 Misc.2d 897, 226 N.Y.S.2d 876, affd. 20 A.D.2d 682, 246 N.Y.S.2d 1017; Burigo v. Di Leo, 38 Misc.2d 851, 239 N.Y.S.2d 166.) The Legislature, in creating ......
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Healy v. Rennert
...motion to dismiss the complaint; and (2) from the judgment in defendants' favor entered April 12, 1962 upon such order [see 33 Misc.2d 897, 226 N.Y.S.2d 876]. Order and judgment affirmed, with one bill of $10 costs and disbursements. No opinion. [For prior related appeal, see Healy v. Renne......
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Thompson v. Elias Properties Inc., 2008 NY Slip Op 30293(U) (N.Y. Sup. Ct. 1/30/2008)
...or statute, giving rise to a liability imposed specially and apart from any ordinary liability based upon negligence (Healy v Rennert, 33 Misc2d 897, 226 NYS2d 876, aff'd 20 AD2d 682,246 NYS2d 1017 [2nd Dept In the instant application, defendant cites to Jackson v City of New York, 251 AD2d......