McGovern v. City of New York

—Order, Supreme Court, New York County (Michael Stallman, J.), entered June 29, 2000, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Plaintiff is a New York City firefighter who allegedly was injured while fighting a fire in an apartment on Mott Street on July 5, 1990. At the time, he was wearing protective gear, which he had purchased at the Fire Department Equipment Supply Store, consisting of a knee-length turnout coat, a helmet, gloves and rubber boots that rose…