MOTT v. BALDWIN FIRE DEPT.


45 Misc.2d 813 (1965)

Ann Mott et al., Plaintiffs, v. Baldwin Fire Department et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 3, 1965


Attorney(s) appearing for the Case

Lester Fiske for plaintiffs. Thomas V. Kingham for Baldwin Fire District, defendant. Curtis, Hart & Munro for Michael Cleary, defendant.


DANIEL G. ALBERT, J.

It is alleged in the complaint that Michael Cleary, a volunteer fireman, was negligently driving an automobile owned by him on March 1, 1963 when the injury to the plaintiff occurred. The Baldwin Fire District is only liable "for the negligence of volunteer firemen duly appointed to serve therein in the operation of vehicles owned by the fire district * * * provided such volunteer firemen, at the time of any accident or injury...

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