Legal Opinion

Holland v. Baker

New York Supreme Court

Decided November 4, 1968PublishedCited by 2 opinions

1Opinion of the CourtHarold R. Sodeu, J.

Defendants, Town of Halfmoon and James W. Sweeney, individually and as Superintendent of Highways of the Town of Halfmoon, move to dismiss the complaints in these actions against them upon the ground that this court has no jurisdiction because sections 19 and 20 of the Volunteer Firemen’s Benefit Law provide that any remedy herein is vested exclusively in the Workmen’s Compensation Board of the State of New York.

It appears from the pleadings that the defendant, Sweeney, was Superintendent of Highways of the Town of Halfmoon on the day of this accident — July 19, 1966. Plaintiffs were members…

2Cases cited5 opinions

  1. Gregoire v. BiddleCourt of Appeals for the Second Circuit · 1949
  2. Spalding v. VilasSupreme Court of the United States · 1896
  3. Williams v. HartshornNew York Court of Appeals · 1946
  4. Rosenberger v. StateNew York Court of Claims · 1965
  5. Hausman v. MillerNew York Supreme Court · 1958

3Cited by2 opinions

  1. Pollini v. Fuller Road Fire DepartmentNew York Court of Appeals · 1974
  2. Pollini v. Fuller Road Fire DepartmentNew York Supreme Court · 1971

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