Phalen v. Kane
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Balio, J.
This appeal presents two issues for this Court’s consideration: (1) whether the common-law “fireman’s rule” or “firefighter’s rule” precludes a police officer from recovering damages for an assault and battery inflicted upon her during the performance of her duties; and (2) whether plaintiff has a cause of action for wanton or willful misconduct pursuant to General Municipal Law § 205-e.
I
We assume, for purposes of deciding this appeal, the truth of the factual allegations asserted by plaintiff in her complaint and papers submitted in opposition to the motion to…
2Cases cited25 opinions
- Santangelo v. State of NYNew York Court of Appeals · 1988
- Kenavan v. City of New YorkNew York Court of Appeals · 1987
- Berko v. FredaSupreme Court of New Jersey · 1983
- Pottebaum v. HindsSupreme Court of Iowa · 1984
- Flowers v. Rock Creek Terrace Ltd. PartnershipCourt of Appeals of Maryland · 1987
20 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Baiamonte v. BuongiovanniAppellate Division of the Supreme Court of the State of New York · 1994
- State Farm Mutual Automobile Insurance v. HillCourt of Special Appeals of Maryland · 2001
- Worldwide Insurance Group v. WingAppellate Division of the Supreme Court of the State of New York · 1994
- Alberti v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1994
- People v. BauerWatertown City Court · 1994
1 more not listed; retrieve them via the Exa API.