Morrisey v. County of Erie

—Order unanimously reversed on the law without costs, motions granted and complaint dismissed. Memorandum: Defendants contend that Supreme Court erred in denying their motions to dismiss plaintiffs’ complaint on the ground that it was barred by the "fireman’s rule”. We agree. On September 23, 1984, while on duty as a Buffalo Police Officer, plaintiff John P. Morrisey (plaintiff) and a fellow officer responded to a brawl in the City of Buffalo. Upon arriving at the scene, plaintiff exited his vehicle and sustained serious injuries when he was struck in the right ankle by a bullet. The bullet…