BALSAMO v. NEW YORK CITY TRANSIT AUTH.


227 A.D.2d 110 (1996)

641 N.Y.S.2d 659

Michael Balsamo, Respondent, v. New York City Transit Authority, Appellant

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

May 2, 1996


Plaintiff failed to state a cause of action as to either of his claims. His claim on the theory of common law negligence is precluded because his injury took place in the course of his pursuit of a fleeing suspect; the risk of slipping and falling on a stairway during the performance of such a routine police function is assumed by plaintiff as part of his duties (Ruocco v New York City Tr. Auth., 85 N.Y...

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