Cox v. Du Chaine

— Herlihy, J.

Appeal by the defendant from an order of the Supreme Court at Special Term which denied defendant’s motion to dismiss the complaint for failure to state a cause of action. The issue involves the civil liability of a volunteer fireman driving his own personal automobile while engaged in fire-manic duties. (General Municipal Law, § 205-b.) The parties have prepared and signed a statement pursuant to CPLR 5527. It is set forth therein that on the 19th of January, 1966, in the evening, the defendant, a volunteer fireman, while operating his automobile in response to a fire alarm and…