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CIERVO v. CITY OF NEW YORK

93 N.Y.2d 465 (1999)

715 N.E.2d 91

693 N.Y.S.2d 63

ANTHONY CIERVO et al., Respondents, v. CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided April 29, 1999.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Elizabeth I. Freedman and Francis F. Caputo of counsel), for appellant.

Apicella & Schlesinger, New York City (Alan C. Kestenbaum of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

Plaintiff Anthony Ciervo, a 13-year employee of the New York City Department of Sanitation, commenced this negligence action against defendant City of New York to recover damages for injuries he sustained when he fell on a defective sidewalk while performing his duties as a sanitation worker. At issue on this appeal is whether the common-law firefighter's rule articulated in Santangelo v State of New York (

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