SEARS v. CITY OF NEW YORK

6243 117802/09.

160 A.D.3d 471 (2018)

76 N.Y.S.3d 2

2018 NY Slip Op 02430

Sherita Sears, Appellant, v. City of New York et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 10, 2018.


Decedent Jamel Sears, a probationary firefighter, passed away due to dehydration while performing the Fire Academy's physically demanding Functional Skills Training (FST) exercise course, which was designed to simulate actual firefighting tasks under a controlled environment.

Plaintiff is not entitled to recover under General Municipal Law § 205-a, as the injuries decedent sustained were not the type of occupational injury that Labor Law § 27-a was designed...

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