La Duca v. Town of Amherst
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, without costs, motion granted and complaint dismissed as against appellants. Memorandum: In this action to recover the fire damage to their home from the Town of Amherst and Eggertsville Hose Company, grounded upon defendants’ alleged negligence in failing to extinguish the fire because of improper fire apparatus, inadequate fire hydrants and insufficient water therein, and also for negligently restraining plaintiffs from reentering their burning home and personally extinguishing the fire, defendants’ motion for summary judgment of dismissal of the complaint as…
2Cases cited5 opinions
- Steitz v. City of BeaconNew York Court of Appeals · 1945
- Motyka v. City of AmsterdamNew York Court of Appeals · 1965
- Messineo v. City of AmsterdamNew York Court of Appeals · 1966
- Tuthill v. City of RochesterNew York Court of Appeals · 1970
- Tuthill v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by8 opinions
- City of Daytona Beach v. PalmerSupreme Court of Florida · 1985
- Frye v. Clark CountyNevada Supreme Court · 1981
- Waldron v. RotzlerDistrict Court, N.D. New York · 1994
- Biloon's Electrical Service, Inc. v. City of WilmingtonSuperior Court of Delaware · 1979
- Haehl v. Village of Port ChesterDistrict Court, S.D. New York · 1978
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