Foulkes v. City of New York

—Order, Supreme Court, New York County (Jane Solomon, J.), entered February 27, 1998, which granted defendant City’s motion to dismiss plaintiff firefighter’s complaint under General Municipal Law § 205-a for failure to state a cause of action, unanimously affirmed, without costs.

Plaintiff cannot and does not contend that his disabling lung condition, allegedly caused by prolonged exposure to diesel fumes at a firehouse, was the result of an “accident” within the meaning of General Municipal Law § 205-a, i.e., of a “ ‘ “sudden, fortuitous mischance” ’ ” (Martzloff v City of New York, 238 AD2d…