Cook v. City of Binghamton

Appeal is taken from an order of the Supreme Court granting summary judgment to plaintiff, and from the judgment embodied therein, in an action for judgment declaring, inter alia, that by reason of plaintiff’s disability incurred in the performance of his duties, defendant city is obligated to continue to pay to him his salary as a Captain in the Bureau of Fire and his medical and hospital expenses.

It is undisputed that on June 6, 1961 plaintiff incurred a disability within the purview of section 207-a of the General Municipal Law, providing, so far as here pertinent, that: 1 ‘ Any paid…