PHALEN v. KANE


192 A.D.2d 186 (1993)

Lisa J. Phalen, Appellant, v. Thomas H. Kane et al., Respondents

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

July 16, 1993


Attorney(s) appearing for the Case

Andre R. Sobolevsky, Syracuse, for appellant.

John M. Murphy, Jr., Syracuse (Michael Harris of counsel), for respondents.

CALLAHAN, J. P., DOERR, BOOMER and BOEHM, JJ., concur.


BALIO, J.

This appeal presents two issues for this Court's consideration: (1) whether the common-law "fireman's rule" or "firefighter's rule" precludes a police officer from recovering damages for an assault and battery inflicted upon her during the performance of her duties; and (2) whether plaintiff has a cause of action for wanton or willful misconduct pursuant to General Municipal Law § 205-e.

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