Wright v. Day — 26 N.Y.2d 905

Majority

p. 905

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

Argued February 23, 1970;

decided April 8, 1970.

p. 906

Joseph Pozefsky for Charles H. Wright, appellant.

Thomas A. Vitanza for Clyde Johnson, appellant.

Charles D. Rappleyea for respondent.

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 (§ 19).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Judge Gibson.