HAUSMAN v. MILLER


14 Misc.2d 93 (1958)

Duane W. Hausman, Plaintiff, v. Everett Miller, Individually and as Administrator of The Estate of Ethel P. Miller, Deceased, et al., Defendants.

Supreme Court, Niagara County.

October 6, 1958.


Attorney(s) appearing for the Case

Findlay, Argy & Hackett for Town of Royalton, defendant.

Fogle, Andrews & Pusateri for Town of Lockport, defendant.

Stephen A. Sacca for plaintiff.


MICHAEL CATALANO, J.

The defendant Royalton moves for an order dismissing the complaint against it upon the ground of legal insufficiency, and defendant Lockport seeks similar dismissal as to it upon the ground that this court lacks jurisdiction "since the plaintiff's exclusive remedy is covered by Section 19 of the Volunteer Firemen's Benefit Law."

The complaint alleges that Ethel P. Miller, now deceased, owned a 1953 Pontiac operated by Everett...

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