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  5. 47 A.D.2d 152 (1975)
 

WOLF v. CITY OF N. Y.

47 A.D.2d 152 (1975)

Richard Wolf et al., Respondents, v. City of New York, Appellant

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

March 13, 1975.

Attorney(s) appearing for the Case

Nina G. Goldstein of counsel (L. Kevin Sheridan with her on the brief; Adrian P. Burke, Corporation Counsel), for appellant.

Joseph P. Napoli of counsel (Joseph B. Castleman with him on the brief; Harry H. Lipsig, attorney), for respondents.

MARKEWICH, J. P., and LUPIANO, J., concur with CAPOZZOLI, J.; TILZER and NUNEZ, JJ., dissent in separate opinions.

CAPOZZOLI, J.

The proof in this case demonstrates that the plaintiff, a 26-year-old man, had been interested in the New York City Fire Department for many years. He lived in New Jersey and was a volunteer fireman in a town in that State. He had hoped to become a New York City fireman and, in January, 1969, the plaintiff began frequenting a New York City fire house in Harlem, which housed Engine Company 58 and...

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