Legal Opinion

Wadler v. City of New York

New York Court of Appeals

Decided February 18, 2010No. 24PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

We hold that the “firefighter rule,” which bars common-law negligence recovery by firefighters and police officers for injuries that result from risks associated with their employment, requires dismissal of this case, in which a police officer was injured by the negligent operation of a security device.

The parking lot of the New York City Police Headquarters in Manhattan is protected by an unusual kind of gate, apparently designed to thwart car bombs and similar forms of terrorism. The gate is a concrete barrier that can be retracted into the ground to allow entry…

2Cases cited4 opinions

  1. Zanghi v. Niagara Frontier Transportation CommissionNew York Court of Appeals · 1995
  2. Campbell v. Lorenzo's Pizza Parlor, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Carter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  4. Levine v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by15 opinions

  1. Breitkopf v. GentileDistrict Court, E.D. New York · 2014
  2. Sepega v. DeLaura ConcurrenceSupreme Court of Connecticut · 2017
  3. Gammons v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  4. Johnson v. Wythe Place, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  5. Carro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011

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