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MONTEFERRANTE v. NEW YORK CITY FIRE DEP'T

63 A.D.2d 576 (1978)

Helen Monteferrante, Appellant, v. New York City Fire Department et al., Respondents, et al., Defendant

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

May 9, 1978

Affirmed, without costs and disbursements.

Our affirmance is based on the persuasive and well-reasoned opinion of Special Term. However, the perception by the dissent that Special Term erred in viewing the motion by defendants the New York City Fire Department and New York City Fire Department Pension Fund as one for summary judgment and that in consequence the order appealed from should be reversed, warrants the following observations. The record discloses that the...

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