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WRIGHT v. DAY

26 N.Y.2d 905 (1970)

Charles H. Wright, Appellant, v. John Day, Jr., Respondent. Clyde Johnson, Appellant, v. John Day, Jr., Respondent.

Court of Appeals of the State of New York.

Decided April 8, 1970.

Attorney(s) appearing for the Case

Joseph Pozefsky for Charles H. Wright, appellant.

Thomas A. Vitanza for Clyde Johnson, appellant.

Charles D. Rappleyea for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge GIBSON.

Order affirmed, without costs, on the ground that the record, as a matter of law, established that the plaintiffs had not deviated from their line of duty (Volunteer Firemen's Benefit Law, § 5, subd. 1, par. i) and that their exclusive remedy is under the Volunteer Firemen's Benefit Law...

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