Summary
In Cottone v City of New York (206 A.D.2d 345), an action by a police officer injured when he tripped and fell on a defective sidewalk as he was in pursuit of a youth was dismissed.
Summary of this case from Ciervo v. City of New YorkOpinion
July 5, 1994
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff, who was a police officer at the time of the accident, was injured when he tripped and fell on a defective sidewalk as he was in pursuit of a youth who had just thrown stones at and injured a young girl. At the close of the plaintiff's case, the court dismissed the complaint on the ground, inter alia, that the plaintiff's common-law negligence action is barred by the so-called "fireman's rule" (see, Santangelo v. City of New York, 71 N.Y.2d 393).
Under the circumstances, we agree with the Supreme Court that the action is barred by the fireman's rule, since the plaintiff's injuries arose out of a particular danger which police officers are expected to assume as part of their duties, notwithstanding the fact that there was no connection between the defendant's negligence and the incident which gave rise to the plaintiff's duty (see, Cooper v. City of New York, 81 N.Y.2d 584, 590-591; Ruocco v. New York City Tr. Auth., 204 A.D.2d 76; Zanghi v Niagara Frontier Transp. Commn., 203 A.D.2d 960).
In light of the foregoing conclusion, we need not address the plaintiff's remaining contention. Bracken, J.P., Lawrence, Joy and Goldstein, JJ., concur.