Legal Opinion

Thomas v. Consolidated Fire District No. 1

New York Court of Appeals

Decided May 1, 1980PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

The issue presented in this case is whether a fire district may be held liable for the negligent acts of one of its volunteer firemen committed in the course of duty while operating a privately owned vehicle outside the borders of the fire district; specifically whether section 205-b of the General Municipal Law by implication exempts fire districts from liability except as provided by that section.

On October 4, 1976 a seven-year-old girl was struck and killed by a privately owned car operated by a volunteer fireman answering an alarm. The accident occurred…

2Cases cited8 opinions

  1. Schuster v. City of New YorkNew York Court of Appeals · 1958
  2. Bernardine v. City of New YorkNew York Court of Appeals · 1945
  3. McCrink v. City of New YorkNew York Court of Appeals · 1947
  4. Dunham v. Village of CanisteoNew York Court of Appeals · 1952
  5. Berger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1940

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3Cited by15 opinions

  1. Bartels v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1980
  2. Williams v. City of New YorkDistrict Court, S.D. New York · 2015
  3. Fitzgibbon v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1989
  4. Knapp v. Union Vale Fire Co.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Skinner v. ScobboAppellate Division of the Supreme Court of the State of New York · 1995

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