Nykanen v. City of New York

• Court: New York Court of Appeals Court of Appeals
• Citation: Nykanen v. City of New York, 250 N.Y.S.2d 53, 14 N.Y.2d 697 (N.Y. 1964)
• Decision Date: 30 April 1964
• Parties: , 199 N.E.2d 155 William R. NYKANEN, Respondent, v. The CITY OF NEW YORK, Appellant.

Page 53

250 N.Y.S.2d 53

14 N.Y.2d 697, 199 N.E.2d 155

William R. NYKANEN, Respondent, v. The CITY OF NEW YORK, Appellant.

Court of Appeals of New York.

April 30, 1964.

Appeal from Supreme Court, Appellate Division, Second Department, 19 A.D.2d 535, 240 N.Y.S.2d 67.

Fireman brought action against the City of New York to recover for injuries sustained while engaged in extinguishing a fire in a vacant and untenanted building, title to which had been taken by the City in a condemnation proceeding. The first cause of action was based on common-law principles of negligence and the second cause of action was grounded on Section 205-a of the General Municipal Law, Consol.Laws, c. 24, giving an additional right of action to injured firemen or representatives of deceased firemen.

The Supreme Court, Trial Term, Kings County, James S. Brown, J., entered a judgment against the City on the cause of action based on Section 205-a of the General Municipal Law, and the City of New York appealed.

The Appellate Division affirmed the judgment.

The City appealed to the Court of Appeals, contending that cause of action grounded on Section 205-a of the General Municipal Law should have been dismissed on ground that the statute is not applicable to the State or its political subdivisions, and on ground that the fireman assumed the risk of dangers of which warning was given to firemen entering the building, and that a new trial should, in any event, be ordered as to that cause of action because of...