Dempsey v. City of Troy

— Mahoney, P. J.

Appeal from that part of an order of the Supreme Court (Keniry, J.), entered August 13, 1987 in Rensselaer County, which, inter alia, denied plaintiff’s motion for summary judgment.

In 1965 plaintiff, a firefighter for defendant, was injured in the course of his employment and relieved from active duty until mid-1966. Upon return to active duty, plaintiff continued to discharge the duties of a firefighter until 1973 when, as a result of losing control of an activated fire hose and causing injury to a fellow firefighter, he was determined to be unable to safely fulfill the…