RUCKER v. ANDRESS


38 A.D.2d 684 (1971)

Lance G. Rucker et al., Appellants, v. Clay Andress et al., Defendants, and Gordon L. Hummel et al., Respondents. (Appeal No. 2.)

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

December 9, 1971


Order unanimously reversed, with costs, and motion for summary judgment denied, with costs.

Memorandum:

Plaintiffs appeal from a Special Term order granting summary judgment dismissing their complaint against respondents in an action to recover damages for injuries sustained by plaintiff Lance G. Rucker (plaintiff) in rescuing defendant Tesch from a position of imminent peril in which he had been placed by respondents' negligence. Recovery may be had under...

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