Thomas v. Consolidated Fire District No. 1

This is a motion by defendant, the *652Consolidated Fire District No. 1, Town of Niskayuna, New York, for summary judgment.

Plaintiff's intestate was allegedly struck and killed by a private automobile which was being operated by a volunteer fireman of the defendant fire district while responding to a fire. The motion for summary judgment is based upon a claim of immunity under section 205-b of the General Municipal Law. Plaintiff opposes the motion upon the ground that the reasoning of the court in the case of Cox v Village of Greenwich (33 AD2d 264) should be applied to this situation. Defendant…