New York Court of Appeals
Joseph Santangelo, Appellant v. State of New York, Respondent; Fred Kirschenheiter, Appellant, v. State of New…
March 22, 198871 N.Y.2d 393
Summary
The Court of Appeals affirmed the lower courts' denial of recovery, holding that police officers injured while subduing an escaped mental patient cannot sue the State for negligence in the patient’s escape, based on the public‑policy fireman’s rule and assumption of risk doctrine.