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ROBBINS v. COUNTY OF BROOME

186 A.D.2d 973 (1992)

Craig R. Robbins, Appellant, v. County of Broome, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 29, 1992

Accepting as true the factual allegations of the complaint and construing it liberally in plaintiff's favor (see, Hall Heating Co. v New York State Elec. & Gas Corp., 180 A.D.2d 957), we are of the view that Supreme Court erred in granting defendant's motion to dismiss the complaint for failure to state a cause of action. The complaint alleges that plaintiff "[w]hile employed by defendant * * * was a paid fireman, within...

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