Collins v. A & R Pizzeria

Appellate Division of the Supreme Court of New York

Collins v. A & R Pizzeria

223 A.D.2d 572, 636 N.Y.S.2d 398, 1996 N.Y. App. Div. LEXIS 217

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 16, 1996

StatusPublished

This text of 223 A.D.2d 572 (Collins v. A & R Pizzeria) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Collins v. A & R Pizzeria, 223 A.D.2d 572, 636 N.Y.S.2d 398, 1996 N.Y. App. Div. LEXIS 217 (N.Y. Ct. App. 1996).

Pincite

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Leone, J.), dated July 15, 1994, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff slipped on the floor of the defendant’s premises. This accident occurred while the plaintiff, a police officer, was pursuing a suspect.

The evidence in the record establishes conclusively that the plaintiff’s common law cause of action is barred by the so-called "firefighter’s rule” (see, Zanghi v Niagara Frontier Transp. Commn., 85 NY2d 423, 438-440; see also, Ruocco v New York City Tr. Auth., 85 NY2d 423). Under the particular circumstances of this case, the dismissal of the complaint may be affirmed on the basis of the "firefighter’s rule” even though this rule was not asserted as the basis for the defendant’s motion (see, O'Connor v Grady, 143 AD2d 738). Further, the possible existence of a valid statutory cause of action (see, General Municipal Law § 205-e) does not impede the dismissal of the complaint at this point, because no such statutory cause of action has been pleaded (see, Hoey v Kuchler, 208 AD2d 805). Bracken, J. P., Miller, Altman and Florio, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Leone, J.), dated July 15, 1994, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff slipped on the floor of the defendant’s premises. This accident occurred while the plaintiff, a police officer, was pursuing a suspect.

The evidence in the record establishes conclusively that the plaintiff’s common law cause of action is barred by the so-called "firefighter’s rule” (see, Zanghi v Niagara Frontier Transp. Commn., 85 NY2d 423, 438-440; see also, Ruocco v New York City Tr. Auth., 85 NY2d 423). Under the particular circumstances of this case, the dismissal of the complaint may be affirmed on the basis of the "firefighter’s rule” even though this rule was not asserted as the basis for the defendant’s motion (see, O'Connor v Grady, 143 AD2d 738). Further, the possible existence of a valid statutory cause of action (see, General Municipal Law § 205-e) does not impede the dismissal of the complaint at this point, because no such statutory cause of action has been pleaded (see, Hoey v Kuchler, 208 AD2d 805). Bracken, J. P., Miller, Altman and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

223 A.D.2d 572, 636 N.Y.S.2d 398, 1996 N.Y. App. Div. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-a-r-pizzeria-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack