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ALESSIO v. FIRE & ICE, INC.

197 N.J. Super. 22 (1984)

484 A.2d 24

DOMINICK ALESSIO AND CAROL ALESSIO, PLAINTIFFS-RESPONDENTS, v. FIRE & ICE, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1984.

Attorney(s) appearing for the Case

Hoagland, Longo, Oropollo & Moran, attorneys for appellant (James B. Moran, of counsel; Vincent R. Glorisi, on the brief).

Alfred F. Maurice, attorney for respondents (Alfred F. Maurice, of counsel; Alfred F. Maurice and Raymond F. Flood, on the brief).

Before Judges PRESSLER, BRODY and HAVEY.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

This is an appeal, on leave granted, from the denial of defendant's motion for summary judgment dismissing the complaint. The issue before us involves the so-called fireman's rule. The rule, as originally articulated in Krauth v. Geller, 31 N.J. 270 (1960), denies a firefighter, injured while fighting a fire, a right of recovery from the person whose ordinary negligence...

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