Caruso v. Bowman

Appellate Division of the Supreme Court of New York

Caruso v. Bowman

207 A.D.2d 956, 617 N.Y.S.2d 669

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1994·Published·Cited by 2 cases

Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint on the ground that it was barred by the " 'fireman’s rule’ ” (Cooper v City of New York, 81 NY2d 584, 588). While attempting to serve a criminal summons, plaintiff Officer Michael G. Caruso was bitten by a dog harbored on the premises. A risk inherent in serving a criminal summons is an injury resulting from a condition on the premises (see, Cooper v City of New York, supra, at 590; Santangelo v State of New York, 71 NY2d 393). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Wesley, Doerr and Boehm, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint on the ground that it was barred by the " 'fireman’s rule’ ” (Cooper v City of New York, 81 NY2d 584, 588). While attempting to serve a criminal summons, plaintiff Officer Michael G. Caruso was bitten by a dog harbored on the premises. A risk inherent in serving a criminal summons is an injury resulting from a condition on the premises (see, Cooper v City of New York, supra, at 590; Santangelo v State of New York, 71 NY2d 393). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Wesley, Doerr and Boehm, JJ.

Caruso v. Bowman, 207 A.D.2d 956, 617 N.Y.S.2d 669 (N.Y. Ct. App. 1994).

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Opinion

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