Wadler v. City of New York

Jones, J. (dissenting).

I agree with the majority that the facts of this case are straightforward. However, because plaintiffs recovery is not barred by the “firefighter’s rule,” I respectfully dissent and would reverse the order of the Appellate Division.

Plaintiffs injuries were completely unrelated to the assumed risks of police duty and there were no actions taken by him that heightened his risk of injury. In Zanghi v Niagara Frontier Transp. Commn. (85 NY2d 423 [1995]), we stated:

“[W]here some act taken in furtherance of a specific police or firefighting function expose[s] the officer to a…