What is the test for establishing a cause of action under the New York City Fire and Rescue Code?

"New York", United States of America

The following excerpt is from Morales v. City of New York, 526 N.Y.S.2d 418, 70 N.Y.2d 981 (N.Y. 1988):

On this appeal the plaintiffs argue that the decision below is inconsistent with the holding in Daggett v. Keshner, 284 App.Div. 733, 134 N.Y.S.2d 524, judgment affd. on subsequent appeal 6 A.D.2d 503, 179 N.Y.S.2d 428, affd. 7 N.Y.2d 981, 199 N.Y.S.2d 41, 166 N.E.2d 324.

In Daggett the owner of a gasoline station was held liable for injuries sustained in an arson when he sold gasoline to arsonists in violation of several code provisions. There it was noted that the section of the code imposing civil liability for violations causing injury, relieved the plaintiff of the traditional common-law burden of establishing proximate cause. Thus the fact that the intervening acts of the arsonists might be viewed as the proximate cause of the injury would not defeat the statutory cause of action if the plaintiff could demonstrate a practical or reasonable causal connection between the violation and the injuries ( Daggett v. Keshner, 284 App.Div. 733, 738, 134 N.Y.S.2d 524, supra ). The court cautioned, however, that a cause of action could not be maintained for a mere technical violation of the statute which is not pragmatically related to the injuries sustained ( id., at 740, 134 N.Y.S.2d 524).

Other Questions


Does the custom Election Code reflect the practice established or adopted by the persons to whom the code applies and who have accepted to the code? (Canada (Federal), Canada)
What are lawyer's and expert fees to the prevailing party in cases brought under a cause of action created by other causes of action? (MultiRegion, United States of America)
Can a retaliation action against an inmate for filing a grievance be used as a cause of action under the First Amendment? (MultiRegion, United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
Does a motion under Rule 419(1)(a)(a) require a trial judge to consider the sufficiency of a statement of claim to establish a cause of action? (Canada (Federal), Canada)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
What is the test for establishing a cause of action against a defendant? (MultiRegion, United States of America)
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed? (MultiRegion, United States of America)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.