CARRIER, MARIA v. HORNBY VOLUNTEER FIRE COMPANY, INC.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 763 CA 15-02103 PRESENT: WHALEN, P.J., SMITH, NEMOYER, CURRAN, AND SCUDDER, JJ. MARIA CARRIER, AS EXECUTRIX OF THE ESTATE OF SHIRLEY IANNARILLI, DECEASED, PLAINTIFF-APPELLANT, V ORDER CORNING AMBULANCE SERVICE, INC., DOING BUSINESS AS RURAL METRO MEDICAL SERVICES, ET AL., DEFENDANTS, HORNBY VOLUNTEER FIRE COMPANY, INC., ALBERT ALLEN, A VOLUNTEER FIREFIGHTER WITH HORNBY VOLUNTEER FIRE COMPANY, INC., CHRISTOPHER VANDUSEN, A VOLUNTEER FIREFIGHTER WITH HORNBY VOLUNTEER FIRE COMPANY, INC., BREANNA TAGGART, A VOLUNTEER FIREFIGHTER WITH HORNBY VOLUNTEER FIRE COMPANY, INC., NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., ADAM NEHRING, A VOLUNTEER FIREFIGHTER WITH NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., JON HEVERLY, A VOLUNTEER FIREFIGHTER WITH NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., DAVID WYRE, A VOLUNTEER FIREFIGHTER WITH NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., AND AMANDA NEHRING, A VOLUNTEER FIREFIGHTER WITH NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., DEFENDANTS-RESPONDENTS. THE LAW OFFICE OF DAVID H. JACOBS, CORNING (DAVID H. JACOBS OF COUNSEL), FOR PLAINTIFF-APPELLANT. SUGARMAN LAW FIRM, LLP, SYRACUSE (PAUL V. MULLIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS HORNBY VOLUNTEER FIRE COMPANY, INC., ALBERT ALLEN, A VOLUNTEER FIREFIGHTER WITH HORNBY VOLUNTEER FIRE COMPANY, INC., CHRISTOPHER VANDUSEN, A VOLUNTEER FIREFIGHTER WITH HORNBY VOLUNTEER FIRE COMPANY, INC., AND BREANNA TAGGART, A VOLUNTEER FIREFIGHTER WITH HORNBY VOLUNTEER FIRE COMPANY, INC. COUGHLIN & GERHART, LLP, BINGHAMTON (KEITH A. O’HARA OF COUNSEL), FOR DEFENDANTS-RESPONDENTS NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., ADAM NEHRING, A VOLUNTEER FIREFIGHTER WITH NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., JON HEVERLY, A VOLUNTEER FIREFIGHTER WITH NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., DAVID WYRE, A VOLUNTEER FIREFIGHTER WITH NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC., AND AMANDA NEHRING, A VOLUNTEER FIREFIGHTER WITH NORTH CORNING VOLUNTEER FIRE DEPARTMENT, INC. -2- 763 CA 15-02103 Appeal from an order of the Supreme Court, Steuben County (Joseph W. Latham, A.J.), entered March 9, 2015. The order, among other things, granted the motions of defendants-respondents for summary judgment dismissing plaintiff’s third amended complaint against them. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: September 30, 2016 Frances E. Cafarell Clerk of the Court