Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff Charles Rosabella, while a police officer in the Village of Port Chester, allegedly was injured when he fell down a staircase at the Port Chester railroad station during the pursuit of a robbery suspect. Rosabella and his wife commenced this action to recover damages under General Municipal Law § 205-e.
In order to prevail on...
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