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IN THE MATTER OF McGOWAN v. FAIRVIEW FIRE DISTRICT

14 Misc.3d 270 (2006)

823 N.Y.S.2d 649

In the Matter of LANCE McGOWAN, Petitioner, v. FAIRVIEW FIRE DISTRICT, Respondent.

Supreme Court, Westchester County.

October 24, 2006.

Attorney(s) appearing for the Case

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (Warren J. Roth of counsel), for petitioner.

Coughlin & Gerhart, LLP, Binghamton (Mary Louise Conrow of counsel), for respondent.

OPINION OF THE COURT

JONATHAN LIPPMAN, J.

Factual Background

On or about July 3, 1986, petitioner commenced employment as a firefighter for respondent, the Fairview Fire District. Petitioner alleges that, on November 13, 1993, he sustained injuries while on duty. In particular, he avers that he suffered a lower back injury while lifting a 350-pound woman when a stretcher's wheel was not chucked and the...

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