HATHAWAY v. COMMERCIAL INS CO


85 Misc.2d 485 (1976)

Robert C. Hathaway, Respondent, v. Commercial Insurance Company of Newark, New Jersey, Appellant.

County Court, Monroe County.

January 23, 1976


Attorney(s) appearing for the Case

Traynor, Skehan & Marks (Homer H. Marks of counsel), for appellant. Johnson, Reif & Mullan (Samuel G. Brundage of counsel), for respondent.


EUGENE W. BERGIN, J.

Plaintiff, a member in good standing of the Volunteer Fire Department of Livonia Fire District Number 2, was called to the Conesus Lake Nursing Home, together with other members of the fire department to protect and return fire hoses which had become frozen due to extremely cold weather. Plaintiff suffered a "heart attack" caused by the strain of lifting several sections of the frozen hose while being exposed to high winds and extremely...

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