Order reversed, on the law, with $50 costs and disbursements, defendants' motion is deemed to include a request, pursuant to CPLR 3025 (subd [b]), for leave to amend their answer to assert the exclusivity of the Volunteer Firemen's Benefit Law remedy as an affirmative defense; said request is granted, summary judgment is granted and the complaint is dismissed.
This is an action to recover damages for personal injuries sustained by Daniel Malone (plaintiff), and by...
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