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SHEPARD v. MORNING PRIDE MFG.

217 A.D.2d 308 (1996)

636 N.Y.S.2d 173

Mark Shepard et al., Appellants-Respondents, v. Morning Pride Manufacturing, Inc., et al., Respondents-Appellants, et al., Defendants, and Western Fire Equipment Company, Defendant and Third-Party Plaintiff-Respondent. Safeguard America, Third-Party Defendant-Respondent

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

January 11, 1996

Attorney(s) appearing for the Case

Walter D. Kogut, P. C., Syracuse, for appellants-respondents.

Melvin & Melvin, Syracuse (Ronald S. Carr of counsel), for Morning Pride Manufacturing, Inc., respondent-appellant.

Smith, Sovik, Kendrick & Sugnet, P. C., Syracuse (Steven W. Williams of counsel), for Cairns & Brothers, Inc., respondent-appellant.

Hiscock & Barclay, Syracuse (Taylor H. Obold of counsel), for Mine Safety Appliances Company, respondent-appellant.

Sugarman, Wallace, Manheim & Schoenwald, Syracuse (Sherry R. Bruce of counsel), for defendant and third-party plaintiff-respondent.

Smyk, Smyk & Fahrenz, Binghamton (Stephen D. Smyk of counsel), for third-party defendant-respondent.

MIKOLL, J. P., CASEY, YESAWICH JR. and PETERS, JJ., concur.

MERCURE, J.

On this appeal, we are confronted with the question of whether the "firefighter's rule" may properly bar a volunteer firefighter's action against a manufacturer of firefighter's safety equipment that failed to provide adequate protection against hazards foreseeably encountered by firefighters during rescue activities. For the reasons that follow, we answer the question in the negative and reverse...

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