Legal Opinion · Dissent
Lynch v. Waters
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2010No. Appeal No. 2Published
1DissentFahey, J.
I respectfully dissent. In my view, Supreme Court properly granted the motion of third-party defendants the Pompey Hill Fire District, the Pompey Hill Fire Department and Richard Abbott and Mark Kovalewski, in their Official Capacities as Assistant Chiefs of the Pompey Hill Fire Department (collectively, Pompey Hill defendants), as well as the motion of third-party defendants the Village of Manlius and the Manlius Fire Department (collectively, Manlius defendants), for summary judgment dismissing the third-party complaint against them. I further conclude that the court properly sua sponte…
2Cases cited5 opinions
- Feher Rubbish Removal, Inc. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2005
- Thomas v. Consolidated Fire District No. 1New York Court of Appeals · 1980
- Crucible Materials Corp. v. New York Power AuthorityNew York Court of Appeals · 2009
- Howell v. Massapequa Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Green v. PetersonAppellate Division of the Supreme Court of the State of New York · 2004