Majority
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Brathwaite Nelson, J.), dated July 9, 2010, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
To establish a defendant’s liability under General IVlunicipal Law § 205-a, a plaintiff firefighter must “identify the statute or ordinance with which the defendant failed to comply, describe the manner in which the firefighter was injured, and set forth those facts from which it may be inferred that the defendant’s negligence directly or indirectly caused the harm to the firefighter” (Zanghi v Niagara Frontier Transp. Commn., 85 NY2d 423 , 441 [1995]). The plaintiff “is not required to show the same degree of proximate cause as is required in a common-law negligence action” (Giuffrida v Citibank Corp., 100 NY2d 72 , 81 [2003] [internal quotation marks omitted]). Rather, “a plaintiff need only establish a practical or reasonable connection between the statutory or regulatory violation and the claimed injury” (id. [internal quotation marks omitted]; see Zanghi v Niagara Frontier Transp. Commn., 85 NY2d at 441 ).
Here, the defendant failed to establish his prima facie entitle
Accordingly, the Supreme Court properly denied the defendant’s motion for summary judgment dismissing the complaint. Prudenti, P.J., Dillon, Balkin and Sgroi, JJ., concur.
Cases cited
- Zanghi v. Niagara Frontier Transportation Commission 85 NY2d 423 at 441 p. 762
- Giuffrida v. Citibank Corp. 100 NY2d 72 at 81 p. 762
- Terranova v. New York City Transit Authority 49 AD3d 10 at 17 p. 763
- Doherty v. Sparacio 35 AD3d 530 at 531 p. 763
- Foiles v. V.L.J. Construction Corp. 17 AD3d 297 p. 763
- Kenavan v. City of New York 267 AD2d 353 p. 763