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RUPPEL v. MIDDLEPORT VOLUNTEER FIRE CO. NO. 1, INC.

12 A.D.2d 871 (1961)

John E. Ruppel, Appellant, v. Middleport Volunteer Fire Company No. 1, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 5, 1961

Order affirmed, with $25 costs and disbursements.

Memorandum:

These defenses are permissible in the first instance under section 205-b of the General Municipal Law. We pass upon no other question.

All concur, except Halpern, J., who dissents and votes to reverse and to strike out the affirmative defense in the answer of the incorporated fire companies, in the following memorandum:

While...

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