Opinion
January 16, 1996
Appeal from the Supreme Court, Richmond County (Leone, J.).
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 N.Y.2d 423, 438-440; see also, Ruocco v New York City Tr. Auth., 85 N.Y.2d 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 A.D.2d 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 A.D.2d 805). Bracken, J.P., Miller, Altman and Florio, JJ., concur.