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THOMAS v. FIRE DIST.

64 A.D.2d 472 (1978)

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

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

November 22, 1978

Attorney(s) appearing for the Case

A. Joseph Fazzone (Arnold M. Gordon of counsel), for appellant.

Friedman, Maksail & Hirschen (Harold Friedman of counsel), for respondent.

MAHONEY, P. J., GREENBLOTT, STALEY, JR., and LARKIN, JJ., concur.

SWEENEY, J.

In this action it is alleged that plaintiff's intestate was fatally injured when she was struck by a privately owned automobile operated by a volunteer fireman of the defendant fire district while in the performance of his duties as a volunteer fireman. The accident allegedly occurred in Schenectady, New York. Defendant fire district moved for summary judgment on the ground that section 205-b of the...

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