Ordered that the appeal from the order dated August 6, 1990, is dismissed, without costs or disbursements, as that order was superseded by the order dated December 14, 1990, made upon reargument; and it is further,
Ordered that the order dated December 14, 1990, made upon reargument, is affirmed insofar as appealed from, and the other order dated December 14, 1990, is affirmed, without costs or disbursements.
The court properly dismissed the complaint and denied the plaintiff fireman's application to amend his pleading. This Court has recently ruled that a violation of 12 N.Y.CRR part 53 does not satisfy the requirements of a cause of action pursuant to General Municipal Law § 205-a arising from negligence constituting an infraction of a regulation "primarily concerned with the averting of fire hazards or with the enhancing of the fire safety of buildings" (Sutherland v. Hallen Constr. Co., 183 A.D.2d 887, 889). Thompson, J.P., Rosenblatt and Eiber, JJ., concur.
Miller, J., concurs in the result, on constraint of Sutherland v. Hallen Constr. Co. ( 183 A.D.2d 887, 889).