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WADLER v. CITY OF NEW YORK

No. 24

14 N.Y.3d 192 (2010)

925 N.E.2d 875

899 N.Y.S.2d 73

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

Court of Appeals of New York.

Decided February 18, 2010.

Attorney(s) appearing for the Case

Law Offices of Brad A. Kauffman, PLLC, New York City ( Brad A. Kauffman of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Norman Corenthal and Kristin M. Helmers of counsel), for respondents.

Judges CIPARICK, GRAFFEO, READ and PIGOTT concur with Judge SMITH; Judge JONES dissents and votes to reverse in a separate opinion; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

SMITH, J.

We hold that the "firefighter rule," which bars common-law negligence recovery by firefighters and police officers for injuries that result from risks associated with their employment, requires dismissal of this case, in which a police officer was injured by the negligent operation of a security device.

The parking lot of the New York City Police Headquarters in Manhattan...

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