Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff Russell Olson, a New York City firefighter, returned to the firehouse after responding to a fire alarm, stepped down from the fire truck, and was injured when he fell into a pothole in the driveway of the firehouse. In his complaint he alleged a common-law negligence cause of action against his employer, the defendant.
The court...
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