Tuthill v. City of Rochester

Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: The complaint fails to allege facts to support any cause of action against defendants. Plaintiffs were residents of the Point Pleasant Fire District which had contracted with the City of Rochester for relaying calls for fire assistance, to the district’s fire department. Plaintiffs’ home was destroyed by fire and they charge negligence because of the failure of the city (and its agents) to have personnel present to handle the distress call and, further, because it failed to establish safety…