Sikora v. Keillor
| Decision Date | 02 May 1963 |
| Citation | 13 N.Y.2d 610,240 N.Y.S.2d 601 |
| Parties | , 191 N.E.2d 88 Bertha SIKORA, Appellant, v. Gene D. KEILLOR, Respondent, and Ronald Keillor et al., Defendants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 17 A.D.2d 6, 230 N.Y.S.2d 571.
Pedestrian brought action against owner of automobile and driver for injuries sustained by pedestrian when struck by automobile. The driver of the automobile at the time of the accident was operating the automobile in the performance of his duties as a volunteer fireman, and the owner of the automobile and the driver asserted freedom from liability by reason of Section 205-b of the General Municipal Law, Consol.Laws, c. 24, providing that members of duly organized fire companies shall not be liable civilly for any act or acts done by them in performance of their duty as volunteer firemen, except for wilful negligence or malfeasance.
The Supreme Court, Special Term, Suffolk County, L. Barron Hill, J., rendered an order, which was entered in Nassau County, granting the pedestrian's motion to strike out as insufficient in law the defense of the owner of the automobile, and the owner of the automobile appealed.
The Appellate Division, Christ, J., reversed the order, denied the motion, and held that the exemption from civil liability under the statute extended to the owner of the automobile.
The Appellate Division certified the question: 'Was the order of this Court, dated July 9, 1962, insofar as it related to the defendant Gene D. Keillor, properly made?'
The pedestrian appealed to the Court of Appeals.
Order affirmed, with costs. Question certified answered in the affirmative.
All concur.
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