New York City will remain a defendant in a suit filed on behalf of firefighters who were killed or injured in a 2004 Bronx fire, under a ruling by the Appellate Division, First Department.

The panel agreed with the plaintiffs' argument that the state's Public Employee Safety and Health Act could subject the city to valid claims that the firefighters were placed at risk of death or serious physical harm by the city over the course of their employment.

The court also said in Stolowski v. 234 East 178th Street LLC, 12893, that the city is not entitled to governmental function immunity since there is evidence that the city, directly or indirectly, contributed to the deaths and injuries by its decision in 2000 to remove personal firefighters' ropes.