Legal Opinion

Schembri v. City of New York

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

Decided June 30, 1997PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the *723Supreme Court, Kings County (Steinhardt, J.), dated February 16, 1996, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The firefighter’s rule bars a police officer or firefighter from asserting a cause of action to recover damages for personal injuries based on common-law negligence "where the performance of the police officer’s or firefighter’s duties increased the risk of the injury happening, and did not merely furnish the…

2Cases cited3 opinions

  1. Santangelo v. State of NYNew York Court of Appeals · 1988
  2. Zanghi v. Niagara Frontier Transportation CommissionNew York Court of Appeals · 1995
  3. Olson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. Shelton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  2. Delio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Tighe v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2001
  4. Byrnes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  5. Jackson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998

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