From Casetext: Smarter Legal Research

Tighe v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 2001
284 A.D.2d 325 (N.Y. App. Div. 2001)

Summary

In Tighe, a police officer, "allegedly sustained personal injuries when he tripped over a raised steel plate in the street while walking to his patrol car after having moved a wooden barricade" (id. at 326 [emphasis added]).

Summary of this case from Monge v. City of N.Y.

Opinion

Argued May 14, 2001.

June 4, 2001.

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Murphy, J.), entered June 27, 2000, as granted that branch of the motion of the defendant City of Yonkers which was for summary judgment dismissing the complaint insofar as asserted against it.

Stillman Stillman, LLP, Bronx, N.Y. (Matthew Sakkas of counsel), for appellant.

William M. Mooney, Corporation Counsel, Yonkers, N.Y. (Joseph Madden of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN and STEPHEN G. CRANE, JJ.


ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a police officer employed by the defendant City of Yonkers, allegedly sustained personal injuries when he tripped over a raised steel plate in the street while walking to his patrol car after having moved a wooden barricade known as a "traffic horse". He brought this action against, among others, the City of Yonkers, to recover damages for his injuries. The City of Yonkers moved for summary judgment, inter alia, dismissing the complaint insofar as asserted against it on the grounds that the plaintiff's action was barred by the so-called "firefighter's rule" and because his exclusive remedy was the recovery of benefits pursuant to General Municipal Law — 207-c. The Supreme Court granted the motion. We affirm.

We agree with the plaintiff that the firefighter's rule does not bar his common-law negligence cause of action (see, Zanghi v. Niagara Frontier Transp. Commn., 85 N.Y.2d 423, 438; Braxton v. City of Yonkers, 278 A.D.2d 265; Schembri v. City of New York, 240 A.D.2d 722; Olson v. City of New York, 233 A.D.2d 488). However, the Supreme Court correctly determined that the plaintiff's receipt of benefits pursuant to General Municipal Law — 207-c is his exclusive remedy against his municipal employer (see, Braxton v. City of Yonkers, supra; Nieves v. City of Yonkers, 268 A.D.2d 412; O'Hare v. City of New Rochelle, 249 A.D.2d 375).

RITTER, J.P., S. MILLER, FRIEDMANN and CRANE, JJ., concur.


Summaries of

Tighe v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 2001
284 A.D.2d 325 (N.Y. App. Div. 2001)

In Tighe, a police officer, "allegedly sustained personal injuries when he tripped over a raised steel plate in the street while walking to his patrol car after having moved a wooden barricade" (id. at 326 [emphasis added]).

Summary of this case from Monge v. City of N.Y.
Case details for

Tighe v. City of Yonkers

Case Details

Full title:EDWARD TIGHE, APPELLANT, v. CITY OF YONKERS, RESPONDENT, ET AL., DEFENDANTS

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

Date published: Jun 4, 2001

Citations

284 A.D.2d 325 (N.Y. App. Div. 2001)
725 N.Y.S.2d 384

Citing Cases

Wadler v. the City of New York

Zanghi's distinction between cases in which the plaintiff's duties "increased the risk" and those in which…

Monge v. City of N.Y.

The Court disagrees. At the time of the Accident, Plaintiff was on duty and engaged in the pursuit of a…