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Wright v. Day

Court of Appeals of the State of New York
Apr 8, 1970
258 N.E.2d 221 (N.Y. 1970)

Opinion

Argued February 23, 1970

Decided April 8, 1970

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD J. BOOKHOUT, J.

Joseph Pozefsky for Charles H. Wright, appellant.

Thomas A. Vitanza for Clyde Johnson, appellant.

Charles D. Rappleyea for respondent.


Order affirmed, without costs, on the ground that the record, as a matter of law, established that the plaintiffs had not deviated from their line of duty (Volunteer Firemen's Benefit Law, § 5, subd. 1, par. i) and that their exclusive remedy is under the Volunteer Firemen's Benefit Law (§ 19).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge GIBSON.


Summaries of

Wright v. Day

Court of Appeals of the State of New York
Apr 8, 1970
258 N.E.2d 221 (N.Y. 1970)
Case details for

Wright v. Day

Case Details

Full title:CHARLES H. WRIGHT, Appellant, v. JOHN DAY, JR., Respondent. CLYDE JOHNSON…

Court:Court of Appeals of the State of New York

Date published: Apr 8, 1970

Citations

258 N.E.2d 221 (N.Y. 1970)
258 N.E.2d 221
309 N.Y.S.2d 940

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