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MONACELLI v. ARMSTRONG

49 N.Y.2d 971 (1980)

David R. Monacelli, by His Guardian ad Litem, Eva J. Adams, et al., Appellants, v. Albert V. Armstrong et al., Defendants, and Chili Fire Department et al., Respondents. (Action No.1.) Richard E. Wright et al., Appellants, v. Albert V. Armstrong et al., Defendants, and Chili Fire Department, Inc., Respondent. (Action No. 2.)

Court of Appeals of the State of New York.

Decided April 24, 1980.

Attorney(s) appearing for the Case

Leon Katzen for appellants in Action No. 1.

John R. Schwartz for appellants in Action No. 2.

Henry R. Ippolito for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion by Mr. Justice REID S. MOULE insofar as that opinion relates to the defendants Van Gelder and the Chili Fire Department.

As there was no showing of negligence, proximate cause, or foreseeability, summary judgment was properly granted to these defendants.

Order affirmed, with costs, in...

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