MURPHY v. CREATIVE FOODS CORP.


170 A.D.2d 441 (1991)

Richard Murphy et al., Respondents, v. Creative Foods Corporation et al., Appellants

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

February 4, 1991


Ordered that the order is affirmed, with costs.

The plaintiffs are not foreclosed from bringing the instant action in light of the recent case of Santangelo v State of New York (71 N.Y.2d 393). It is now well established that a police officer cannot recover damages for injuries sustained as a result of the negligence that created the occasion for his services (Santangelo v State of New York, supra; Dawes v Ballard, 163 A.D.2d 508; Wynne v Tullman, 151 A.D.2d 476). In this case, the injured plaintiff, a police officer, alleged that as he chased a robber he sustained injuries when he fell on a defective sidewalk. Therefore, an issue of negligence was raised, separate and apart from the act which occasioned the officer's services (see, Starkey v Trancamp Contr. Corp., 152 A.D.2d 358; see also, Burnside v City of New York, 144 Misc.2d 183).


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