Legal Opinion
Maines v. Cronomer Valley Fire Dept., Inc.
New York Court of Appeals
Decided June 12, 1980PublishedCited by 79 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Section 19 of the Volunteer Firemen’s Benefit Law does not bar an action by an injured fireman plaintiff who has accepted compensation benefits against defendant fellow firemen whose injury-causing acts were outside the scope of defendants’ employment. The order of the Appellate Division affirming dismissal of plaintiff Maines’ complaint should, therefore, be reversed insofar as appealed from,1 with costs, and summary judgment as to the individual defendants should be denied.2
The papers on defendants’ motions to dismiss establish that on June 12, 1975 plaintiff…
2Cases cited34 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Finch v. SwinglyAppellate Division of the Supreme Court of the State of New York · 1973
- DeCoigne v. Ludlum Steel Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
29 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- O'CONNELL v. ChasdiMassachusetts Supreme Judicial Court · 1987
- Werner v. State of New YorkNew York Court of Appeals · 1981
- Laurie Marie M. v. Jeffrey T. M.Appellate Division of the Supreme Court of the State of New York · 1990
- MacChirole v. GiamboiNew York Court of Appeals · 2001
- Jaiguay v. VasquezSupreme Court of Connecticut · 2008
74 more not listed; retrieve them via the Exa API.