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SMITH v. INC. VIL. OF PLANDOME

28 Misc.2d 793 (1961)

Robert B. Smith et al., Plaintiffs, v. Incorporated Village of Plandome et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 28, 1961

Attorney(s) appearing for the Case

Marvin, Montfort, Vaccaro & Healy (E. Richard Rimmels, Jr., of counsel), for Incorporated Village of Plandome, defendant. John E. Kane for plaintiffs.

WILLIAM R. BRENNAN, JR., J.

Defendants move to dismiss the complaint for failure to state a cause of action.

Plaintiffs are husband and wife; each asserts a cause of action. The husband alleges that he was an active volunteer fireman of the Port Washington Fire Department; that on December 23, 1958 he was at the Plandome Country Club in the defendant Village of Plandome when a fire broke out, to which the Plandome Fire Department responded; that...

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