Legal Opinion

Ruotolo v. State

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 1993No. Claim No. 70726PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Kupferman, J.

There is a long-standing common-law rule that firefighters who are injured while fighting a fire cannot recover against a property owner or occupant whose negligence in maintaining *162the premises caused such injuries. Over the years, this so-called "fireman’s rule” has been premised on various grounds, including the firefighters’ status as licensees, their assumption of the risks entailed in fighting fires and, most recently, public policy.

In 1935, the Legislature, in an effort to ameliorate this rule, enacted General Municipal Law § 205-a, which provided a…

2Cases cited38 opinions

  1. Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
  2. Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
  3. City of Trenton v. New JerseySupreme Court of the United States · 1923
  4. United States v. Sioux Nation of IndiansSupreme Court of the United States · 1980
  5. New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907

33 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Schiavone v. City of New YorkNew York Court of Appeals · 1998
  2. Ruotolo v. State of New YorkNew York Court of Appeals · 1994
  3. Malsky v. TownerAppellate Division of the Supreme Court of the State of New York · 1993
  4. Phalen v. KaneAppellate Division of the Supreme Court of the State of New York · 1993
  5. McNulty v. New York City Transit AuthorityNew York Supreme Court · 1995

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API