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CAVANAUGH v. PECK

71 Misc.2d 1 (1972)

Michael Cavanaugh et al., Plaintiffs, v. Paul A. Peck, Defendant.

Supreme Court, Erie County.

August 14, 1972

Attorney(s) appearing for the Case

Gross, Shuman, Wiltse & Laub (David C. Laub of counsel), for plaintiffs. Miller, Bouvier, O'Connor & Cegielski (Gerald Bouvier of counsel), for defendant.

JOSEPH P. KUSZYNSKI, J.

Plaintiffs Michael and Janet Cavanaugh, who sustained personal injuries in an accident with a volunteer fireman engaged in the performance of his duty, move this court to strike the affirmative defense asserted by the defendant Paul A. Peck which avails him of the perquisites accruing by reason of his status at the time of the accident.

The accident occurred on July 9, 1970. The...

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