From Casetext: Smarter Legal Research

Tobin v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1998
256 A.D.2d 177 (N.Y. App. Div. 1998)

Opinion

December 17, 1998

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


Plaintiff firefighter proved his cause of action under General Municipal Law § 205-a by demonstrating that a violation of Administrative Code of the City of New York § 26-235 caused him harm, either directly or indirectly ( see, O'Connell v. Kavanagh, 231 A.D.2d 29, 32). Bearing in mind that General Municipal Law § 205-a is to be given "a liberal construction to accomplish its salutary purpose" ( supra, at 30), we find the connection between the cited statutory violation and plaintiff's injury was sufficiently reasonable to support the verdict ( see, supra, at 34). In this connection, we decline to give Administrative Code of the City of New York § 26-235 (which applies by its terms to "Any * * * part of a structure or premises that from any cause may at any time become * * * a fire hazard") the narrow reading urged by the municipal defendant. As to the cross appeal, we decline to direct an additur, since we find that the damages awarded do not represent a material deviation from what is reasonable compensation under the circumstances ( see, CPLR 5501 [c]).

Concur — Nardelli, J. P., Wallach, Rubin and Williams, JJ.


Summaries of

Tobin v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1998
256 A.D.2d 177 (N.Y. App. Div. 1998)
Case details for

Tobin v. City of New York

Case Details

Full title:TERENCE J. TOBIN et al., Respondents-Appellants, v. CITY OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 17, 1998

Citations

256 A.D.2d 177 (N.Y. App. Div. 1998)
681 N.Y.S.2d 527

Citing Cases

Giuffrida v. Citibank Corp.

In contrast, "indirect causation" involves a somewhat less than direct and unimpeded sequence of events…