From Casetext: Smarter Legal Research

Levine v. Chemical Bank

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 175 (N.Y. App. Div. 1995)

Opinion

November 9, 1995

Appeal from the Supreme Court, New York County (Lorraine Miller, J.).


In an action for wrongful death and pain and suffering, the decedent, an off-duty police officer, was shot and killed when he tried to apprehend one of the perpetrators of an assault on a customer at an ATM machine. Insofar as the action against defendant bank is based on common-law negligence for failure to provide adequate security, it was properly dismissed on the ground that recovery is precluded by the so-called "fireman's rule" as applied to police officers ( Santangelo v City of New York, 71 N.Y.2d 393; Cooper v City of New York, 81 N.Y.2d 584), and more specifically to off-duty police officers attempting to apprehend a suspect ( Campbell v Lorenzo's Pizza Parlor, 172 A.D.2d 478, lv denied 78 N.Y.2d 863). Nor can there be recovery under General Municipal Law § 205-e because any violation by the bank of the statutes relied upon would not have increased the risk faced by the decedent in his pursuit of phe perpetrators ( St. Jacques v City of New York, 215 A.D.2d 75). Further, any such violation could not have been the proximate cause of the decedent's death ( Dyer v Norstar Bank, 186 A.D.2d 1083, lv denied 81 N.Y.2d 703).

Concur — Rosenberger, J.P., Wallach, Rubin and Williams, JJ.


Summaries of

Levine v. Chemical Bank

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 175 (N.Y. App. Div. 1995)
Case details for

Levine v. Chemical Bank

Case Details

Full title:MICHAEL LEVINE et al., Appellants, v. CHEMICAL BANK, as Successor in…

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

Date published: Nov 9, 1995

Citations

221 A.D.2d 175 (N.Y. App. Div. 1995)
633 N.Y.S.2d 296

Citing Cases

Hodges v. Yarian

( Neighbarger, supra, at pp. 542-543.) Appellate courts from other jurisdictions that have considered this…

Wadler v. the City of New York

Plaintiff emphasizes that at the time of his injury he was not "on duty"; his tour of duty was not to begin…