Pollini v. Fuller Road Fire Dept
| Decision Date | 09 May 1974 |
| Citation | 34 N.Y.2d 744,357 N.Y.S.2d 502,313 N.E.2d 793 |
| Parties | , 313 N.E.2d 793 Mario POLLINI, Appellant, v. FULLER ROAD FIRE DEPARTMENT et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Zola A. Aronson, New York City, for appellant.
E. Richard Rimmels, Jr., and Frederic H. Montfort, Mineola, for Hicksville Fire Dept. and Hicksville Fire Dist., respondents.
We agree with the Appellate Division, 39 A.D.2d 554, 331 N.Y.S.2d 732 that plaintiff is limited to his statutory remedy. The Hicksville Fire District can be considered a person or agency within the intendment of subdivision (3) of section 19 of the Volunteer Firemen's Benefit Law. We do not find, however, as that court did, any inconsistency in this result with that reached by the Appellate Division, Third Department, in Giuliano v. Town of Brunswick, 32 A.D.2d 705, 300 N.Y.S.2d 27 where it was held that the injured fireman, employed by the Town of North Greenbush Fire District, could maintain an action against the Town of Brunswick. There, that section (Volunteer Firemen's Benefit Law, § 19, subd. (3)) did not stand in plaintiff's way because the defendant town (as opposed to the defendant fire district in the instant case) could in no respect be considered a 'person or agency'. We would also remark that in Holland v. Baker, 61 Misc.2d 201, 305 N.Y.S.2d 6, affd. 33 A.D.2d 626, 305 N.Y.S.2d 9, where the plaintiff attempted to sue the political subdivision which his fire company served, the action was correctly dismissed although the court mistakenly relied on subdivision (3) of section 19 rather than on subdivision (2).
SAMUEL RABIN, J., taking no part.
Order affirmed, with costs, in memorandum.
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...Book 63B, p. 12, see, also, p. 29), a conclusion which is consistent with the result we reached in Pollini v. Fuller Rd. Fire Dept., 34 N.Y.2d 744, 357 N.Y.S.2d 502, 313 N.E.2d 793. 3 We leave the question open also because, though the word "employ" does not necessarily import employment fo......
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