Opinion
September 30, 1994
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Denman, P.J., Lawton, Wesley, Doerr and Boehm, JJ.
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 N.Y.2d 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 N.Y.2d 393).