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CLOW v. FISHER

228 A.D.2d 11 (1997)

652 N.Y.S.2d 870

Arthur H. Clow, Jr., Respondent, v. Burton Fisher et al., Defendants and Third-Party Plaintiffs-Appellants. Roland J. down Inc. et al., Third-Party Defendants-Appellants. (Action No. 1.) (And Two Other Related Actions.)

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

January 30, 1997

Attorney(s) appearing for the Case

Carter, Conboy, Case, Blackmore, Napierski & Maloney, Albany (Joseph T. Johnson of counsel), for Burton Fisher and others, defendants and third-party plaintiffs-appellants.

Taylor, Matalavage & Fallon, Albany (Joan Matalavage of counsel), for Roland J. Down Inc., third-party defendant-appellant.

Friedman, Hirschen, Miller, Coughlin & Campito, P. C., Schenectady (Thomas M. Hirschen of counsel), for Edward Smythe, third-party defendant-appellant.

James D. Linnan, Albany, for respondent.

CARDONA, P. J., MIKOLL, CREW III and YESAWICH JR., JJ., concur.

MERCURE, J.

The plaintiffs in these actions, Arthur H. Clow, Jr., Nancy L. Horn and Peter A. Rinaldi, are all firefighters who were injured in the course of fighting a June 19, 1989 fire in a building at 196 Morton Avenue in the City of Albany. Clow was injured when other firefighters assisted him in escaping from the burning building by pulling him up through a hole that had been cut in the roof. Horn fell from...

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