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THOMAS v. FIRE DIST. NO. 1

50 N.Y.2d 143 (1980)

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.

Court of Appeals of the State of New York.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Arnold M. Gordon and A. Joseph Fazzone for appellant.

Thomas M. Hirschen for respondent.

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

WACHTLER, J.

The issue presented in this case is whether a fire district may be held liable for the negligent acts of one of its volunteer firemen committed in the course of duty while operating a privately owned vehicle outside the borders of the fire district; specifically whether section 205-b of the General Municipal Law by implication exempts fire districts from liability except as provided by that section...

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