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RUOTOLO v. STATE

187 A.D.2d 160 (1993)

Mary Beth O. Ruotolo, as Administratrix of The Estate of Thomas Ruotolo, Deceased, et al., Appellants, v. State of New York, Respondent. (Claim No. 70726.)

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

February 4, 1993

Attorney(s) appearing for the Case

Joseph L. Decolator of counsel, Lake Success (Raymond E. Kerno with him on the brief; Lysaght, Lysaght & Kramer, P. C., attorneys), for appellants.

Michael S. Buskus of counsel, Albany (Peter H. Schiff with him on the brief; Robert Abrams, Attorney-General, attorney), for respondent.

WALLACH, J. P., ASCH and RUBIN, JJ., concur.

KUPFERMAN, J.

There is a long-standing common-law rule that firefighters who are injured while fighting a fire cannot recover against a property owner or occupant whose negligence in maintaining the premises caused such injuries. Over the years, this so-called "fireman's rule" has been premised on various grounds, including the firefighters' status as licensees, their...

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