Cristiano v. Marinaccio

OPINION OF THE COURT

Gerard E. Delaney, J.

Plaintiffs, Dennis Cristiano, a police officer, and his wife, Patricia, have commenced an action for compensatory and punitive damages for injuries resulting from Mr. Cristiano’s gunshot wounds which were inflicted by defendant during a disturbance at defendant’s home.

*792Defendant, Nicholas Marinaccio, has moved for summary judgment dismissing plaintiffs’ complaint based on a common-law "Fireman’s Rule”. Plaintiffs request that defendant’s motion be denied and that the court grant plaintiffs’ cross motion for summary judgment for defendant’s intentionally…