Opinion
February 8, 1988
Appeal from the Supreme Court, Nassau County (Wager, J.).
Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs.
It is well settled that "there can be no cause of action against a fire department for alleged negligence in the methods it uses to fight a fire, absent the assumption of a special duty" (Harland Enters. v Commander Oil Corp., 97 A.D.2d 785, affd 64 N.Y.2d 708). We agree with the Supreme Court that the allegations in the original and in the proposed amended complaint, if proven, would not establish that the defendant fire companies assumed any special duty towards the plaintiffs (see, Vogel v Liberty Fuel Corp., 52 A.D.2d 667, 668). Therefore, the plaintiffs' original complaint as against the defendant fire companies was properly dismissed and that branch of the plaintiffs' cross motion which was for leave to amend the complaint was properly denied. Lawrence, J.P., Kunzeman, Kooper and Spatt, JJ., concur.