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WEYANT v. CITY OF NEW YORK

162 Misc.2d 132 (1994)

616 N.Y.S.2d 428

Michael Weyant, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Kings County.

August 3, 1994

Attorney(s) appearing for the Case

Rivkin, Radler & Kramer, Uniondale (Bruce A. Bendix of counsel), for Gregory Guest, defendant. O. Peter Sherwood, Corporation Counsel of New York City (Kenneth E. Pinczower of counsel), for City of New York, defendant. Sullivan & Liapakis, P. C., New York City (Vito A. Cannavo of counsel), for plaintiff.

HERBERT KRAMER, J.

ISSUES

1. Does the removal of a seat belt from a fire truck constitute negligence on the part of the City absent a statutory duty to provide seat belts in emergency vehicles?

2. Does the "fireman's rule" preclude recovery where the fire truck was traveling to a relocation when it was involved in an accident?

FACTS

Defendants, Gregory E. Guest (hereinafter...

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