Wright v. Day

Court: New York Court of Appeals
Date filed: 1970-04-08
Citations: 26 N.Y.2d 905, 258 N.E.2d 221, 309 N.Y.S.2d 940, 1970 N.Y. LEXIS 1453
Copy Citations
1 Citing Case
Lead Opinion

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.