Ford v. Burns
| Decision Date | 09 November 1967 |
| Citation | 284 N.Y.S.2d 324,28 A.D.2d 1157 |
| Parties | In the Matter of William J. FORD, Respondent, v. William P. BURNS, as Mayor and Commissioner of Public Safety of the City of Binghamton et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Night, Keller & Relihan, William E. Night, Binghamton, for respondent.
Stuart M. Pearis, Corp. Counsel, Leo A. Cianciosi, Binghamton, for appellants.
Before GIBSON, P.J., and REYNOLDS, AULISI, STALEY and GABRIELLI, JJ.
Appeal from a judgment of the Supreme Court which, upon petitioner's motion and the parties' pleadings and affidavits and upon the court's finding that there are no triable issues of fact, granted the petition in a proceeding under article 78 of the CPLR to compel respondent city to pay the wages and the cost of the medical treatment and hospital care of the petitioner, a paid fireman of the fire department of said city, during the period of his disability from hypoplastic anemia, from which he concededly suffers, asserted by him, and denied by the city, to have resulted from his exposure to chemical fumes and substances in the course of the performance of his assigned duty of painting the interior of a fire station. The city's liability arises, if at all, by virtue of section 207--a of the General Municipal Law, in pertinent part providing as follows: 'Any paid fireman of a fire company or fire department of a city of less than one million population * * * who is injured in the performance of his duties or who is taken sick as a result of the performance of his duties so as to necessitate medical or other lawful remedial treatment, shall be paid by the municipality * * * by which he is employed the full amount of his regular salary or wages until his disability arising therefrom has ceased, and, in addition, such municipality * * * shall be liable for all medical treatment and hospital care furnished during such disability.'
The critical issue tendered by respondents' denials was that of causal relationship and in determining that there was shown no triable issue of fact concerning it, the Special Term necessarily relied on the affidavit of petitioner's attending physician which, so far as here pertinent, stated: ...
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Rosinsky v. City of Binghamton
...November 15, 1971 and the City's claim that he has fully recovered since then, raise factual issues requiring a hearing, Ford v. Burns, 28 A.D.2d 1157, 284 N.Y.S.2d 980. The City's contention that plaintiff is ineligible to receive full Section 207--c benefits because the Referee found plai......
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Davis v. Shelton
...personal knowledge of the event, and not stating evidentiary facts are insufficient on a motion for summary judgment (Ford v. Burns, 28 A.D.2d 1157, 284 N.Y.S.2d 324). Respondents' motions for summary judgment were properly granted since there was no triable issue of fact as to their neglig......
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Kane v. City of Binghamton
...medical reports submitted by petitioner provide an inadequate basis by themselves for the resolution thereof (cf. Matter of Ford v. Burns, 28 A.D.2d 1157, 284 N.Y.S.2d 324). Accordingly, this matter must be remitted to Special Term for a hearing on this Judgment reversed, on the law and the......
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