Giuliano v. Town of Brunswick

Appeal from an order of the Supreme Court at Special Term, entered in Albany County on August 13, 1968, which denied a motion to dismiss the complaint for insufficiency (CPLR 3211). Plaintiff, a volunteer fireman of the Town of North Greenbush Fire District, instituted this negligence action to recover damages sustained by him on August 24, 1966 when the cap on a fire hydrant, to which plaintiff and other members of his volunteer company were attaching a fire hose, blew off. The fire hydrant in question was located in and purportedly owned and maintained by the defendant Town of Brunswick and…