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Schleger v. Jurcsak, 108 A.D.3d 515 (2d Dept 2013)

Plaintiff’s motion for summary judgment was denied in this motor vehicle accident, involving defendant who was a volunteer firefighter responding to a fire at the time of this accident. The Appellate Division affirmed.
The Court found issues of fact, as volunteer firemen may not be held liable for acts done in the performance of their duties in the absence of “willful negligence or malfeasance” pursuant to General Municipal Law § 205–b.

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