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BRADY v. VILLAGE OF MALVERNE

2009-04759

76 A.D.3d 691 (2010)

907 N.Y.S.2d 68

LISA HUMBERTSON BRADY, Individually and as Administrator of the Estate of PAUL R. BRADY, Deceased, Appellant, v. VILLAGE OF MALVERNE et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 31, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's decedent, a volunteer firefighter with the defendant Malverne Volunteer Firefighter Department, sued herein as Malverne Fire Department/Norwood Hook, Ladder & Hose Company #1 (hereinafter the MVFD), was performing work on the top of a fire truck in the MFVD's fire house. Another firefighter, not realizing that the decedent was working on the top of the truck, began to drive...

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