Fiola v. Korman
| Decision Date | 19 January 1993 |
| Citation | 592 N.Y.S.2d 429,189 A.D.2d 798 |
| Parties | Alfred FIOLA, Respondent, v. Inez KORMAN, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
O'Connor, O'Connor, Hintz & DeVeney, East Rockaway (Robert E. O'Connor and John R. O'Connor, of counsel), for appellants.
Eugene David Skir, Mineola, for respondent.
Before MANGANO, P.J., and SULLIVAN, O'BRIEN, RITTER and PIZZUTO, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Robbins, J.), entered December 4, 1990, which denied their motion for summary judgment.
ORDERED that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed.
Where a firefighter is injured as a result of the ordinary risks inherent in firefighting, or by the foreseeable consequences of the emergency that the firefighter was summoned to control, the firefighter is barred by the common-law "fireman's rule" (Santangelo v. State of New York, 71 N.Y.2d 393, 397, 526 N.Y.S.2d 812, 521 N.E.2d 770; McGee v. Adams Paper & Twine Co., 26 A.D.2d 186, 190, 271 N.Y.S.2d 698, affd. 20 N.Y.2d 921, 286 N.Y.S.2d 274, 233 N.E.2d 289) from recovering damages from the property's owner based on the latter's negligence, regardless of whether the firefighter is a paid public servant, or, as in this case, an unpaid volunteer (see, Bourgeois v. Duplessis, 540 So.2d 397 [La.], cert. denied 541 So.2d 1392 [La.]; Flowers v. Sting Security, 62 Md.App. 116, 488 A.2d 523; Baker v. Superior Court, 129 Cal.App.3d 710, 181 Cal.Rptr. 311; Buchanan v. Prickett & Son, 203 Neb. 684, 279 N.W.2d 855). Therefore, the defendants' motion to dismiss the complaint should have been granted.
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