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THOMAS v. FIRE DIST.

91 Misc.2d 651 (1977)

Melody L. Thomas, as Administratrix of The Estate of Kimberly Longe, Deceased, Plaintiff, v. Consolidated Fire District No. 1, Town of Niskayuna et al., Defendants.

Supreme Court, Special Term, Schenectady County.

September 30, 1977

Attorney(s) appearing for the Case

Friedman, Maksail & Hirschen (Thomas M. Hirschen of counsel), for Consolidated Fire District No. 1, Town of Niskayuna, defendant. Carter, Conboy, Bardwell, Case & Blackmore for James F. Sherry and another, defendants. A. Joseph Fazzone and Gordon, Gordon & Siegel (Arnold M. Gordon of counsel), for plaintiff.

WILLIAM J. CRANGLE, J.

This is a motion by defendant, the Consolidated Fire District No. 1, Town of Niskayuna, New York, for summary judgment.

Plaintiff's intestate was allegedly struck and killed by a private automobile which was being operated by a volunteer fireman of the defendant fire district while responding to a fire. The motion for summary judgment is based upon a claim of immunity under section...

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