Defacto......Sam is not available for several days. You will get a quicker reply if you start another thread vs. tagging onto a month old one.
Now then, I don't know NYC code but just because the wire is in the "open" doesn't mean your wire isn't in a plenum space....therefore you may be required to use plenum cable.
Double check with your code enforcement people or just use plenum to be safe....
Good Luck.
