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9669. LORI A. FAZZOLARI, plf-ap, v. THE CITY OF NEW YORK, def-res — Kaplan & Kaplan, Brooklyn (Cary H. Kaplan of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Diana Lawless of counsel), for res — Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about September 21, 2011, which, in this personal injury action, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, while on duty as a Sergeant in the Detective Bureau of the New York City Police Department, sustained injuries when she stepped off the curb onto the roadway to assist a motorist with directions. Although plaintiff was in the course of walking to a nearby deli to retrieve her lunch when she stopped to give directions, she is barred by the firefighter’s rule from recovering on her common-law negligence claims because “the acts undertaken in the performance of police duties placed… her at increased risk for that accident to happen” (Zanghi v. Niagara Frontier Transp. Commn., 85 NY2d 423, 440 [1995]; Simons v. City of New York, 252 AD2d 451, 451-452 [1st Dept 1998]). Indeed, she applied for and received a line-ofduty accident disability retirement pension.

 
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