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LEE v. VERSTRAETE

79418.

65 Misc.3d 531 (2019)

109 N.Y.S.3d 594

2019 NY Slip Op 29270

ROBERT E. LEE, Plaintiff, v. KYLE M. VERSTRAETE et al., Defendants. KYLE M. VERSTRAETE et al., Third-Party Plaintiffs, v. TOWN OF ARCADIA, Third-Party Defendant.

Supreme Court, Wayne County.

Decided August 13, 2019.

Attorney(s) appearing for the Case

Trevett Cristo P.C. ( Alan J. DePeters of counsel) for Kyle M. Verstraete and another, defendants/third-party plaintiffs.

Pinsky Law Group, PLLC ( David B. Garwood of counsel) for Marbletown Volunteer Fire Department, Inc., defendant.

The Schuppenhauer Law Firm ( John A. Schuppenhauer of counsel) for plaintiff.

Lynch Law Office, PLLC ( Sandra A. Allen of counsel) for third-party defendant.

OPINION OF THE COURT

Plaintiff's claims against defendants Kyle and Gary Verstraete and the Marbletown Volunteer Fire Department, Inc. (Marbletown Fire Department) are barred by Volunteer Firefighters' Benefit Law § 19 and General Municipal Law § 205-b. Accordingly, defendants' motions to dismiss the complaint...

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