Opinion
January 19, 1993
Appeal from the Supreme Court, Nassau County (Robbins, J.).
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; McGee v. Adams Paper Twine Co., 26 A.D.2d 186, 190, affd 20 N.Y.2d 921) 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], writ denied 541 So.2d 1392 [La]; Flowers v. Sting Sec., 62 Md. App. 116, 488 A.2d 523; Baker v. Superior Ct., 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. Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.