Police Officer Injured on Roof

Police officer sued landlord after being injured on the roof of landlord's building. Officer had a search warrant for tenant's apartment. While chasing tenant from the apartment to the roof, officer hit his head on an iron bar, causing injury. Officer claimed that landlord (1) allowed an unsafe condition on the roof and (2) knowingly permitted criminal activity in the building, which made it necessary for the police to go there. The court ruled that officer couldn't sue for the building's unsafe condition because, by state law, New York police officers can't recover for injuries resulting from the special risks associated with their jobs. But, officer could go ahead and sue landlord for violating state law provisions requiring landlord to take adequate steps to rid the building of criminal activity. A trial was needed to determine the facts.

Joyce v. Turtle Realty Corp.: NYLJ, p. 29, col. 6 (5/27/94) (Sup. Ct. Rockland; Scarpino, J)