Balsamo v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered October 15, 1993, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, defendant’s motion granted and the complaint dismissed. The clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiff failed to state a cause of action as to either of his claims. His claim on the theory of common law negligence is precluded because his injury took place in the course of his pursuit of a fleeing suspect; the risk of slipping…