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CARTER v. CITY OF NEW YORK

272 A.D.2d 498 (2000)

708 N.Y.S.2d 426

SHEVAWN CARTER, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided May 22, 2000.

Ordered that the judgment is affirmed, with costs.

The firefighter's rule bars a police officer or firefighter from asserting a cause of action to recover damages for 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" (Zanghi v Niagara Frontier Transp. Commn., 85 N.Y.2d 423, 439;

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