WADLER v. CITY OF NEW YORK


57 A.D.3d 333 (2008)

869 N.Y.S.2d 444

DAVID WADLER, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

December 18, 2008.


Plaintiff, a police officer, was injured while driving his assigned police car across a security barrier at the entrance to the parking garage at One Police Plaza. The four-foot-high barrier had been lowered to permit plaintiff to pass but was raised again before his car cleared it, and the front end of the car was jerked into the air. Plaintiff is barred by the firefighter's rule from recovering on his common-law negligence claims because "the acts undertaken in the performance...

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