Abad v. Altieri

*1041Appeal from that part of an order of Supreme Court, Erie County (Kloch, J.), entered January 10, 2003, that denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiffs commenced this action seeking to recover damages for injuries sustained by Lewis J. Abad (plaintiff) while fighting a fire on premises owned by defendant. Plaintiffs seek to impose liability against defendant pursuant to General Municipal Law § 205-a and General Obligations Law §…