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STEPHEN DEMPSEY, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Appellants, et al., Defendant.

The IAS Court correctly held that defendants-appellants State agencies are subject to local laws and regulations when acting in a proprietary as opposed to governmental capacity (see, Miller v State of New York, 62 N.Y.2d 506, 511), that their alleged failure to properly maintain the premises in violation of the Administrative Code and Fire Department Rules was proprietary in nature, and, like any other landlord, are liable under General Municipal Law § 205-a when the alleged violation of a local law or regulation has a "reasonable connection" to an injury sustained by a firefighter (Johnson v Riggio Realty Corp., 153 A.D.2d 485, 487, lv dismissed 74 N.Y.2d 945). Such a connection has been shown here sufficiently to withstand appellants' motion for summary judgment.

Concur — Murphy, P.J., Wallach, Asch, Nardelli and Mazzarelli, JJ.

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DEMPSEY v. MANHATTAN BRONX SURFACE TRANSIT
(Apr 6, 1995)