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SCHEMBRI v. CITY OF NEW YORK

240 A.D.2d 722 (1997)

659 N.Y.S.2d 324

Peter Schembri, Respondent, v. City of New York, Appellant

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

June 30, 1997

Ordered that the order is affirmed, with costs.

The firefighter's rule bars a police officer or firefighter from asserting a cause of action to recover damages for personal injuries based on common-law negligence "where the performance of the police officer's or firefighter's duties increased the risk of the injury happening, and did not merely furnish the occasion for the injury" [emphasis in the original] (Zanghi...

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