Opinion
November 14, 1994
Appeal from the Supreme Court, Suffolk County (Oshrin, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The injured plaintiff, a police officer, was injured when a piece of wood, which was wedged underneath the rear wheel of a vehicle that he was assisting the appellant dislodge from a snowbank, was propelled forward and struck him in the leg.
The Supreme Court erred by denying the appellant's motion for summary judgment. The plaintiff's action is barred by the "fireman's rule", insofar as the injury sustained was related to the particular dangers which police officers are expected to assume as part of their duties, notwithstanding the fact that there was no connection between the appellant's alleged negligence and the incident which gave rise to the plaintiff's duty (see, Cooper v. City of New York, 81 N.Y.2d 584; Axelrod v Rosenbaum, 205 A.D.2d 722; Davis v. Supermarkets Gen. Corp., 205 A.D.2d 730; Cottone v. City of New York, 206 A.D.2d 345). Thompson, J.P., Balletta, Rosenblatt and Florio, JJ., concur.