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MAINES v. CRONOMER VAL FIRE

50 N.Y.2d 535 (1980)

Kenneth Maines, Appellant, v. Cronomer Valley Fire Dept., Inc., et al., Defendants, and Dale Kluger et al., Respondents.

Court of Appeals of the State of New York.

Decided June 12, 1980.

Attorney(s) appearing for the Case

Sheila Callahan and Howard Karger for appellant.

Bertram W. Eisenberg for Dale Kluger, respondent.

Monte J. Rosenstein for Stewart Stellwagon, respondent.

Joseph L. Canino for Mike Presutti, respondent.

John E. Boeggeman and Kevin D. Moloney for Francis Wrightmeir, respondent. Compensation benefits are appellant's exclusive remedy.

Joseph A. Catania, Jr., for Richard Patterson, respondent.

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

MEYER, J.

Section 19 of the Volunteer Firemen's Benefit Law does not bar an action by an injured fireman plaintiff who has accepted compensation benefits against defendant fellow firemen whose injury-causing acts were outside the scope of defendants' employment. The order of the Appellate Division affirming dismissal of plaintiff Maines' complaint should, therefore, be reversed insofar as appealed from,

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