Monacelli v. Armstrong — 49 N.Y.2d 971

Majority

p. 971

David R. Monacelli, by His Guardian ad Litem, Eva J. Adams, et al., Appellants, v Albert V. Armstrong et al., Defendants, and Chili Fire Department et al., Respondents. (Action No. 1.) Richard E. Wright et al., Appellants, v Albert V. Armstrong et al., Defendants, and Chili Fire Department, Inc., Respondent. (Action No. 2.)

Argued March 27, 1980;

decided April 24, 1980

p. 972

APPEARANCES OF COUNSEL

Leon Katzen for appellants in Action No. 1.

John R. Schwartz for appellants in Action No. 2.

Henry R. Ippolito for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion by Mr. Justice Reid S. Moule insofar as that opinion relates to the defendants Van Gelder and the Chili Fire Department.

As there was no showing of negligence, proximate cause, or foreseeability, summary judgment was properly granted to these defendants.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

p. 973

Order affirmed, with costs, in a memorandum.