Von Ancken v. City of New York

Appellate Division of the Supreme Court of New York

Von Ancken v. City of New York

245 A.D.2d 286, 666 N.Y.S.2d 16, 1997 N.Y. App. Div. LEXIS 12124

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1997

StatusPublished

Cited by3 cases

This text of 245 A.D.2d 286 (Von Ancken v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Von Ancken v. City of New York, 245 A.D.2d 286, 666 N.Y.S.2d 16, 1997 N.Y. App. Div. LEXIS 12124 (N.Y. Ct. App. 1997).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Price, J.), dated July 10, 1996, which granted the motion of the defendants City of New York and New York City Fire Department to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff Heinz Von Ancken, a police officer, was injured by an explosion while assisting at the scene of several manhole fires. The Supreme Court properly dismissed the complaint on the ground that a claim pursuant to General Municipal Law § 205-e could not be predicated on an alleged violation of the New York City Fire Department’s All Units Circular No. 180 (Revised), since that directive neither imposes clear legal duties nor constitutes part of a well-developed body of law and regulation with positive commands that mandate the performance or nonperformance of specific acts (see, Desmond v City of New York, 88 NY2d 455, 464; Luongo v City of New York, 240 AD2d 712; Lawrence v City of New York, 240 AD2d 711; Stea v City of New York, 240 AD2d 725). Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Price, J.), dated July 10, 1996, which granted the motion of the defendants City of New York and New York City Fire Department to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff Heinz Von Ancken, a police officer, was injured by an explosion while assisting at the scene of several manhole fires. The Supreme Court properly dismissed the complaint on the ground that a claim pursuant to General Municipal Law § 205-e could not be predicated on an alleged violation of the New York City Fire Department’s All Units Circular No. 180 (Revised), since that directive neither imposes clear legal duties nor constitutes part of a well-developed body of law and regulation with positive commands that mandate the performance or nonperformance of specific acts (see, Desmond v City of New York, 88 NY2d 455, 464; Luongo v City of New York, 240 AD2d 712; Lawrence v City of New York, 240 AD2d 711; Stea v City of New York, 240 AD2d 725). Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.

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245 A.D.2d 286, 666 N.Y.S.2d 16, 1997 N.Y. App. Div. LEXIS 12124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/von-ancken-v-city-of-new-york-nyappdiv-1997.

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