Police Officer Injured by Debris in City’s Vacant Lot Stated a Cause of Action Under General Municipal law
In finding a police officer had stated a cause of action against the City pursuant to General Municipal Law 205-e based on an injury caused by debris in an empty lot owned by the City, the Second Department determined that a violation of the NYC Health Code section requiring lots be kept free of debris could be the basis of the action:
To support a cause of action under General Municipal Law § 205-e, a plaintiff law enforcement officer, inter alia, must identify the statute or ordinance with which the defendant failed to comply … . Liability pursuant General Municipal Law § 205-e will exist where there is negligent noncompliance with “any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments or of any and all their departments, divisions and bureaus” (General Municipal Law § 205-e), provided that the statute, ordinance, rule, order or requirement cited is found in a “well-developed bod[y] of law and regulation” that “impose[s] clear duties” … . Section 205-e must be applied ” expansively’ so as to favor recovery by police officers whenever possible” … .
New York City Health Code § 153.19 provides that “[t]he owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly and severally responsible for keeping . . . the premises free from obstructions and nuisances and for keeping . . . the . . . lot clean and free from garbage, refuse, rubbish, litter, other offensive matter or accumulation of water.” Contrary to the Supreme Court’s conclusion, this provision constitutes a well-developed body of law… . Mulham v City of New York, 2013 NY Slip Op 06666, Second Dept 10-16-13