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SHEVAWN CARTER, APPELLANT, v. CITY OF NEW YORK, RESPONDENT, ET AL., DEFENDANT.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The firefighter's rule bars a police officer or firefighter from asserting a cause of action to recover damages for common-law negligence "where the performance of the police officer's or firefighter's duties increased the risk of the injury happening, and did not merely furnish the occasion for the injury" (Zanghi v. Niagara Frontier Transp. Commn., 85 N.Y.2d 423, 439; Byrnes v. City of New York, 249 A.D.2d 352). Recovery for damages for common-law negligence is precluded "where some act taken in furtherance of a specific police or firefighting function exposed the officer to a heightened risk of sustaining the particular injury" (Zanghi v. Niagara Frontier Transp. Commn., supra, at 439; Byrnes v. City of New York, supra, at 352). Here, the plaintiff, who was a New York City Police Officer, was issuing a parking citation to an illegally-parked car when she fell because of a defect in a sidewalk. Common-law recovery is barred since the injury occurred while she was performing an act taken in "furtherance of a specific police * * * function [which] exposed [her] to a heightened risk of sustaining the particular injury" (Zanghi v. Niagara Frontier Transp. Commn., supra, at 439; Byrnes v. City of New York, supra, at 353; cf., Olson v. City of New York, 233 A.D.2d 488).

The plaintiff's remaining contentions are without merit.

S. MILLER, J.P., FRIEDMANN, FLORIO and SMITH, JJ., concur.

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CARTER v. CITY OF NEW YORK
(May 22, 2000)