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MATLOCK v. NEW HYDE PARK FIRE DIST.

20 Misc.2d 851 (1959)

Agnes Matlock, Plaintiff, v. New Hyde Park Fire District et al., Defendants.

Supreme Court, Special Term, Nassau County.

December 18, 1959.

Attorney(s) appearing for the Case

Hicks & Corliss for New Hyde Park Fire District, defendant.

Martin L. Baron for plaintiff.

Gostkowski & Hampton for Garden City Park Fire District, defendant.

FRED J. MUNDER, J.

This is a motion by the defendant, New Hyde Park Fire District, under subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action.

The action is one to recover damages for the willful failure of the members of the fire departments in the defendant...

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