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Employer?s internal regulations are not a ?well-developed body of law and regulation? for the purposes of §205-a of the General Municipal Law

Employer?s internal regulations are not a ?well-developed body of law and regulation? for the purposes of §205-a of the General Municipal Law
Vosilla v City of New York, 2010 NY Slip Op 07162, decided on October 5, 2010, Appellate Division, Second Department

§205-a of the General Municipal Law, in pertinent part, provides for an additional right of action to firefighters ?in the event any accident, causing injury, death or a disease which results in death, occurs directly or indirectly as a result of any neglect, omission, willful or culpable negligence of any person or persons in failing to comply with the requirements of 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.?

Joseph Vosilla, a New York City firefighter, filed a lawsuit seeking to recover damages for personal injuries he alleged he sustained as a result of the City?s violation of certain provisions of the New York City Fire Department All Unit Circulars, Incident Command System manual provisions, and internal rules concerning, classification and inspection of buildings, ?and that such violations directly or indirectly caused the injuries he sustained in the line of duty.?

The Appellate Division, however, rejected Vosilla?s theory that the City was liable for damages in this instance, ruling that ?These internal regulations ? cannot serve as a predicate for liability under General Municipal Law §205-a, since they are not part of a "well-developed body of law and regulation" imposing clear legal duties or mandating the performance or nonperformance of specific acts.?

Accordingly, said the court, the City established its prima facie entitlement to judgment as a matter of law dismissing the cause of action pursuant to GML §205-a insofar as asserted against it and, in opposition, Vosilla failed to raise a triable issue of fact and thus Supreme Court properly granted that branch of the City's motion summary judgment dismissing the cause of action pursuant to GML §205-a insofar as asserted against it.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_07162.htm
NYPPL

Full post as published by New York Public Personnel Law on October 13, 2010 (boomark / email).