Appellate Division of the Supreme Court of New York, 2002

Jensen v. Oak Point Assets, LLC

Appellate Division of the Supreme Court of New York · Decided June 4, 2002

295 A.D.2d 114; 742 N.Y.S.2d 821; 2002 N.Y. App. Div. LEXIS 5894

Cases that cite this one

1 later published case cites this decision.

Schiavone v. Seaman Arms, LLC (Appellate Division of the Supreme Court of New York 2019)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Order, Supreme Court, New York County (Louis York, J.), entered November 29, 2001, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Contrary to defendant’s argument, General Obligations Law § 11-106 is applicable here and permits plaintiffs assertion of this type of common-law negligence claim once barred under *115the “firefighter’s rule.” In addition, in view of material factual questions as to whether the statutory and code violations alleged against defendant were reasonably or practically connected to plaintiffs harm, the motion court properly denied defendant’s motion for summary judgment dismissing plaintiffs claim pursuant to General Municipal Law § 205-e (see, Lusenskas v Axelrod, 183 AD2d 244, 247-248, appeal dismissed 81 NY2d 300). Concur—Nardelli, J.P., Sullivan, Ellerin, Lerner and Rubin, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.