Martell v. City of Utica

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs, professional firefighters Richard Martell and John R. Niemiec, commenced these consolidated actions against defendant City, seeking recovery for injuries sustained during their unsuccessful attempt to rescue three young children from their burning home. Those *1010portions of the complaints alleging negligence in the methods and procedures used to fight the fire should have been dismissed. It is well settled that a firefighter may not maintain an action against a…