Heifetz v. Rockaway Point Volunteer Fire Department

Action to recover damages' for injuries to person and property and for loss of services, alleged to have resulted from a collision between a motor vehicle in which plaintiffs were riding and one owned by defendant fire department and operated by the individual defendant. Defendant fire department pleaded, as an affirmative defense, that at the time of the occurrence, the motor vehicle was operated by its members in the performance of their duties as volunteer firemen. Plaintiffs appeal from an order denying their motion to strike out the affirmative defense, pursuant to rule 109 of the Rules…