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ASIAN CONSERVATION LAB., INC. v. CITY OF SARATOGA SPRINGS

49 A.D.2d 981 (1975)

Asian Conservation Laboratory, Inc., Appellant, v. City of Saratoga Springs et al., Respondents. (Action No. 1.) J. Dixon Edwards, Appellant, v. City of Saratoga Springs et al., Respondents. (Action No. 2.) William Karpowicz, Jr., Appellant, v. City of Saratoga Springs et al., Respondents. (Action No. 3.) Philip Randall et al., Appellants, v. City of Saratoga Springs et al., Respondents. (Action No. 4.)

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

October 30, 1975

It is well settled that a municipal corporation or its agencies are under no duty to provide fire protection (Steitz v City of Beacon, 295 N.Y. 51; Moch Co., v Rensselaer Water Co., 247 N.Y. 160; Hughes v State of New York, 252 App Div 263) and, absent some affirmative act of negligence or other assumption of duty, cannot be held legally responsible for the destruction of property for failure to extinguish a fire. Plaintiffs' complaints in their first...

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