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CARUSO v. BOWMAN
Appellate Division of the Supreme Court of New York, Fourth Department.
Sep 30, 1994
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).
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