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STARKEY v. TRANCAMP CONTR.

152 A.D.2d 358 (1989)

Robert Starkey, Appellant-Respondent, v. Trancamp Contracting Corporation, Respondent-Appellant, and City of New Rochelle, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 11, 1989

Attorney(s) appearing for the Case

Belkin Natale & Oxman (Paul P. Carlucci of counsel), for appellant-respondent.

Gralicer & Kaiser (Barry S. Kaiser of counsel), for respondent-appellant.

Kroll & Tract (Richard P. McArthur and Alvin P. Bluthman of counsel), for respondent.

BROWN, J. P., LAWRENCE, KOOPER and SPATT, JJ., concur.

Per Curiam.

On this appeal and cross appeal, we must determine whether the plaintiff, a New Rochelle police officer who allegedly sustained personal injuries in the course of his duties, is barred as a matter of law from recovery based on the principles enunciated in Santangelo v State of New York (71 N.Y.2d 393). We find that under the circumstances, the plaintiff's cause of action...

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