GARDNER v. U.S. AIR, INC.


221 A.D.2d 589 (1995)

634 N.Y.S.2d 499

C. Richard Gardner et al., Appellants, v. U.S. Air, Inc., Respondent

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

November 27, 1995


Ordered that the order is affirmed, with costs.

The plaintiff, a New York City firefighter, injured his knee while participating in a rescue operation following the crash of U.S. Air flight 5050 at LaGuardia Airport on September 20, 1989.

The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff's action is barred by New York's so-called...

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