Phaneuf v. City of Plattsburgh

This is a motion for summary judgment in lieu of a complaint pursuant to CPLR 3213.

Plaintiff was originally employed by the City of Plattsburgh in 1961 as a fireman. In the latter part of 1965, he was injured as a result of an accident which occurred during the performance of his duties. From the time of the accident until his retirement from the fire department on December 27, 1973 the plaintiff was unable to satisfy the minimum physical standards for his position and was excused from performing any of his regularly scheduled duties as a fireman. During that time he was not required to…