Frey v. Whistler

Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered August 8, 2002, which granted the motion of third-party defendants for summary judgment dismissing the third-party complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, and the third-party complaint is reinstated.

Memorandum: Julie A. Frey (plaintiff), a volunteer firefighter, commenced this negligence action to recover damages for injuries she sustained when the fire truck in which she was riding collided with a…