KELLY v. CITY OF ROCHESTER


98 Misc.2d 435 (1979)

Homer V. Kelly, Plaintiff, v. City of Rochester, Defendant.

Supreme Court, Monroe County.

February 28, 1979


Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Reynolds E. Hahn of counsel), for defendant. Redmond & Parrinello (John P. Lomenzo, Jr., of counsel), for plaintiff.


DAVID O. BOEHM, J.

This is a motion to dismiss the complaint upon the ground that the plaintiff has failed to comply with the requirements of section 50-i (subd 1, pars [a]-[c]) of the General Municipal Law.

On February 25, 1972, the plaintiff, Homer Kelly, suffered a heart attack while fighting a fire. As a publicly employed firefighter, the plaintiff thereby became eligible for extra disability retirement...

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