Kurtz v. Sanford Fire Apparatus Corp.

— Order insofar as appealed from unanimously reversed on the law with costs and cross motion denied, in accordance with the following memorandum: Special Term erred by dismissing the City of Syracuse’s cross claim for reimbursement of medical expenses and salary benefits paid to firefighter Michael Kurtz pursuant to section 207-a of the General Municipal Law. Although a claim for reimbursement under subdivision (7) of that section is derivative and permissible only if the disabled firefighter possessed a cause of action which could have been asserted against third parties (see, City of…