Opinion
May 31, 1991
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the order is affirmed, with costs.
Although the plaintiff, a Nassau County police officer, was on duty at the time his vehicle was involved in a collision with that of the defendants, we find that his services were "sufficiently separate and apart from the negligent acts which caused his injuries" (Boglioli v Fletcher, 170 A.D.2d 425, 426) to permit him to maintain this action sounding, inter alia, in common-law negligence. Thus, the action is not barred by operation of the "fireman's rule", enunciated in Santangelo v State of New York ( 71 N.Y.2d 393, 397-398), and the second affirmative defense, which relies upon the Santangelo doctrine, was properly stricken.
No other issue has been raised or considered. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.