Timmons v. Harvey

Cross appeals from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered January 9,1981, in Albany County, which granted, in part, defendant City of Albany’s motion to dismiss the complaint. On October 31, 1978, plaintiff’s decedent perished in a fire which engulfed an apartment building located at 17 Elk Street in the City of Albany. Subsequently, plaintiff commenced the present action against, inter alia, defendant City of Albany, and he seeks a recovery against the city based upon allegations that its negligence caused the death of his decedent. Relying on the doctrine of…