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FERRIOLO v. CITY OF NEW YORK

1510.

67 A.D.3d 556 (2009)

888 N.Y.S.2d 400

2009 NY Slip Op 08494

VINCENZO FERRIOLO, Appellant, v. CITY OF NEW YORK et al., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 19, 2009.

Plaintiff's common-law negligence claim is not barred by the "firefighter's rule," because, while plaintiff was present in the precinct locker room when defendant Gian discharged his gun, he was not engaged in any specific duty that increased the risk that he would be shot (Zanghi v Niagara Frontier Transp. Commn., 85 N.Y.2d 423, 439-440 [1995]). He was donning his uniform before beginning his tour of duty and conversing with another...

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