Amaro v. City of New York

The order of the Appellate Division should be reversed and a new trial ordered.

At the time of the accident, plaintiff John Amaro, 38 years old, was a New York City fireman of 13 years’ experience. On February 4, 1967, he was stationed at a firehouse in Brooklyn and was assigned to a night tour of duty, 6:00 p.m. to 9:00 a.m., the following morning. At noon of that day, he consumed, for his lunch, some sandwiches and a glass of wine. After playing football in Prospect Park for some time, he reported for work. At roll call, his appearance was checked and he was marked fit for duty. After…