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HEIFETZ v. ROCKAWAY POINT VOLUNTEER FIRE DEP'T

282 A.D. 1062 (1953)

Rosalind Heifetz et al., Appellants, v. Rockaway Point Volunteer Fire Department, Respondent, et al., Defendants

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

December 21, 1953.

Order affirmed, with $10 costs and disbursements.

The complaint alleges and the answer admits that defendant fire department is an unincorporated association, duly organized under the laws of this State. In the absence of allegations from which it must be said that the fire department is an entity distinct from its members, this action, although brought against the fire department in its proper name, is necessarily predicated...

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