MATTER OF WEISS v. FRANKLIN SQ. & MUNSON FIRE DIST.


309 N.Y. 52 (1955)

In the Matter of Hans Weiss, Appellant, v. Franklin Square and Munson Fire District of the Town of Hempstead, New York, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1955


Attorney(s) appearing for the Case

Fred A. Williams and Jules Martin for appellant.

William H. Stieglitz, Bernard Katzen and Harry Schechter for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.


BURKE, J.

This appeal tenders only the issue as to whether a proceeding under the Workmen's Compensation Law by this petitioner is res judicata in a subsequent proceeding brought by him under section 205 of the General Municipal Law. The facts which present the issue are not in dispute.

The petitioner, a volunteer fireman, suffered injuries while attending a parade and competitive drill in which...

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