ZANGHI v. NIAGARA FRONTIER


85 N.Y.2d 423 (1995)

649 N.E.2d 1167

626 N.Y.S.2d 23

Ronald Zanghi et al., Appellants, v. Niagara Frontier Transportation Commission et al., Defendants, and Greyhound Bus Lines, Inc., Respondent. Frank P. Raquet et al., Appellants, v. Carol Braun et al., Respondents. Frank P. Raquet et al., Appellants, v. Clifford A. Zane et al., Defendants, and Leonard J. Zane, Respondent. Robert Ruocco et al., Appellants, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1995.


Attorney(s) appearing for the Case

Grosse, Chelus, Herdzik & Speyer, P. C., Buffalo (Thomas J. Speyer and Gregory V. Pajak of counsel), for appellants in the first above-entitled action.

Gibson, McAskill & Crosby, Buffalo (Brian P. Crosby and David W. Kloss of counsel), for respondent in the first above-entitled action.

Sullivan & Liapakis, P. C., New York City (Michael N. Block, Marshall M. Kolba and Stephen C. Glasser of counsel), for New York State Trial Lawyers' Association, amicus curiae, in the first above-entitled action.

Dreyer, Boyajian & Tuttle, Albany (James B. Tuttle of counsel), for Police Conference of New York, Inc., amicus curiae, in the first above-entitled action.

Paul A. Crotty, Corporation Counsel of New York City (Pamela Seider Dolgow and Linda H. Young of counsel), for City of New York, amicus curiae, in the first above-entitled action.

Renaldo, Myers, Regan & Palumbo, P. C., Buffalo (James I. Myers, of counsel), for appellants in the second above-entitled action.

Lustig & Brown, Buffalo (Melinda W. Ebelhar of counsel), for Carol Braun and others, respondents in the second above-entitled action.

Quinn, McGarry & Caffery, P. C., Buffalo (David C. Quinn of counsel), for Leonard J. Zane, respondent in the second above-entitled action.

Maloney, Gallup, Roach, Brown & McCarthy, P. C., Buffalo (J. Mark Gruber of counsel), for Benito Olivieri, respondent in the second above-entitled action.

William V. O'Leary, Albany, for New York State Association of Fire Chiefs, Inc., amicus curiae, in the second above-entitled action.

Edward M. Cooke, Monticello, for Firemen's Association of the State of New York, amicus curiae, in the second above-entitled action.

Sullivan & Liapakis, P.C., New York City (Michael N. Block, Marshall M. Kolba and Stephen C. Glasser of counsel), for Uniformed Firefighters' Association and another, amici curiae, in the second above-entitled action.

Lombardi, Reinhard, Walsh & Harrison, P. C., Albany (Paul E. Davenport of counsel), for New York State Professional Firefighters Association, amicus curiae, in the second above-entitled action.

Paul A. Crotty, Corporation Counsel of New York City (Pamela Seider Dolgow and Linda H. Young of counsel), for City of New York, amicus curiae, in the second above-entitled action.

Monsour, Winn, Kurland & Warner, Lake Success (B. Jennifer Jaffee of counsel), for appellants in the third above-entitled action.

Lawrence Heisler, Brooklyn, Albert C. Cosenza and Lawrence A. Silver for respondent in the third above-entitled action.

Sullivan & Liapakis, P. C., New York City (Michael N. Block, Marshall M. Kolba and Stephen C. Glasser of counsel), for New York State Trial Lawyers' Association, amicus curiae, in the third above-entitled action.

Paul A. Crotty, Corporation Counsel of New York City (Pamela Seider Dolgow and Linda H. Young of counsel), for City of New York, amicus curiae, in the third above-entitled action.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

In Cooper v City of New York (81 N.Y.2d 584), we held that, pursuant to the firefighter rule, police and firefighters may not recover in common-law negligence for line-of-duty injuries resulting from risks associated with the particular dangers inherent in that type of employment. These three appeals require us to determine the scope of this bar to recovery...

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