Giuffrida v. Citibank Corp

In Giuffrida v. Citibank Corp., 100 NY2d 72 [2003] plaintiff a firefighter was injured when after reporting to a fire, he ran out of oxygen sustaining injury (id. at 75). Plaintiff sued pursuant to GML 205-a, alleging that his injuries were caused by defendant's violation of the building code provisions requiring the safe maintenance of the premises (id. at 75-76). In denying defendant's motion for summary judgment, the court rejected defendant's argument that there was no reasonable connection between the alleged building code violations and plaintiff's accident (id. at 76). The court so held, on grounds that while the building code did not proximately cause plaintiff's accident, the violations, the failure to properly maintain a fire suppression system, led to the same not activating "so as to prevent or extinguish the fire that ultimately led to his injuries" (id. at 81).