MORRISEY v. COUNTY OF ERIE


198 A.D.2d 839 (1993)

603 N.Y.S.2d 1009

John P. Morrisey et al., Respondents, v. County of Erie et al., Appellants

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

November 19, 1993


Order unanimously reversed on the law without costs, motions granted and complaint dismissed.

Memorandum:

Defendants contend that Supreme Court erred in denying their motions to dismiss plaintiffs' complaint on the ground that it was barred by the "fireman's rule". We agree. On September 23, 1984, while on duty as a Buffalo Police Officer, plaintiff John P. Morrisey (plaintiff) and a fellow officer responded to a brawl in the City of Buffalo. Upon arriving...

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