BROFSKY v. CITY OF NEW YORK


172 A.D.2d 640 (1991)

Cary Brofsky, Respondent, v. City of New York et al., Defendants, and Da'Jarm Construction Company, Inc., et al., Appellants

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

April 15, 1991


Ordered that the order is affirmed, with one bill of costs.

The appellants moved to dismiss the complaint on the ground that the plaintiffs common-law negligence action was barred by the so-called "fireman's rule" (see, Santangelo v State of New York, 71 N.Y.2d 393). The plaintiff, a New York City police officer, was allegedly injured when he stepped into a pothole on a public street. We find that the appellants' motions...

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