SIKORA v. KEILLOR


17 A.D.2d 6 (1962)

Bertha Sikora, Respondent, v. Gene D. Keillor et al., Appellants, et al., Defendant

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

July 9, 1962.


Attorney(s) appearing for the Case

Edmund J. Kane of counsel (James A. McKaigney, attorney), for appellants.

Bernard Meyerson of counsel (Frank A. Jablonka, attorney), for respondent.

KLEINFELD, Acting P. J., BRENNAN and RABIN, JJ., concur with CHRIST, J.; HOPKINS, J., concurs in the dismissal of the appeal by defendant Ronald Keillor, but dissents, with opinion, from the reversal of the order as to the defendant Gene D. Keillor.


CHRIST, J.

The question before us is whether the exemption from civil liability which is granted to a volunteer fireman by section 205-b of the General Municipal Law extends to the absent owner of a motor vehicle used by such fireman in the performance of his duty.

The statute in pertinent part reads: "Members of duly organized volunteer fire companies in this state shall not be liable civilly for any act...

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