Tuthill v. City of Rochester

This motion is brought by defendants to dismiss a complaint, which alleges that the defendant City of Rochester breached a contract with a suburban fire district outside the city limits. The contract was made on behalf of the inhabitants of the Point Pleasant Fire District qnd related to the relay of calls authorizing and dispatching *95fire equipment to the district when required, pursuant to section 209-p of the General Municipal Law.

On December 23, 1966, a fire occurred in the plaintiffs’ home. Many telephone calls were made to the only number supplied by the city to report the fire and…