BROFSKY v. CITY OF NEW YORK

Ordered that the order is affirmed, with one bill of costs.

The appellants moved to dismiss the complaint on the ground that the plaintiffs common-law negligence action was barred by the so-called "fireman's rule" (see, Santangelo v. State of New York, 71 N.Y.2d 393). The plaintiff, a New York City police officer, was allegedly injured when he stepped into a pothole on a public street. We find that the appellants' motions were properly denied as the traffic condition which necessitated the officer's services at that location was sufficiently separate and apart from the alleged negligent acts which caused his injuries (see, Murphy v. Creative Foods Corp., 170 A.D.2d 441; Janeczko v Duhl, 166 A.D.2d 257; Starkey v. Trancamp Contr. Corp., 152 A.D.2d 358; Burnside v. City of New York, 144 Misc.2d 183). Thompson, J.P., Brown, Miller and O'Brien, JJ., concur.