Martell v. City of Utica
Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs, professional firefighters Richard Martell and John R. Niemiec, commenced these consolidated actions against defendant City, seeking recovery for injuries sustained during their unsuccessful attempt to rescue three young children from their burning home. Those
Summary judgment was properly denied in part with respect to plaintiffs’ allegations that their injuries resulted from defective protective equipment (see, MacClave v City of New York, 24 AD2d 230, affd 19 NY2d 892). The record contains conflicting evidence concerning whether the equipment was reasonably safe and whether plaintiffs’ injuries were caused or exacerbated by the allegedly deficient equipment.
The order appealed from is modified by striking the third decretal paragraph and by granting defendant’s motion to dismiss those portions of plaintiffs’ complaints alleging negligence in the methods and procedures used to fight the fire. (Appeal from Order of Supreme Court, Oneida County, Parker, J. — Summary Judgment.) Present — Callahan, J. P., Green, Pine, Lawton and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.