Opn. No.

Gerald N. Jacobowitz, Esq. Walden, N Y

This is in response to your letter wherein you state that a claim is being made against the Village of Montgomery based upon property damage caused in the Village by a private vehicle owned and operated by a volunteer fireman while en route to the scene of a fire. You question the liability of the Village in light of what you consider conflicting case law.

It is our opinion that Cox v Village of Greenwich, 33 A.D.2d 264 (3d Dept, 1970), clearly establishes municipal liability for the negligent acts of a volunteer fireman in the discharge of his firemanic…