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BUSH v. SMITH

276 A.D. 923 (1950)

Hanford J. Bush, Respondent, v. Arnold Smith, Defendant, and Charles J. D. Neulist, Individually and as Treasurer of The Port Washington Fire Department, an Unincorporated Association, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 30, 1950.

Judgment in favor of respondent, entered on the verdict of a jury, unanimously affirmed, with costs.

The evidence was insufficient to establish that appellant McCarthy, in the operation of the ambulance, was performing his duty as a volunteer fireman, within the meaning of section 205-b of the General Municipal Law (cf. Matter of Urban v. Town of Pendleton, 134 Misc. 782), and the finding, implicit in the verdict, that respondent was free from contributory...

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