Ruppel v. Middleport Volunteer Fire Co. No. 1

Full title: JOHN E. RUPPEL, Appellant, v. MIDDLEPORT VOLUNTEER FIRE COMPANY No. 1…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 5, 1961

12 A.D.2d 871 (N.Y. App. Div. 1961)

Opinion

January 5, 1961

Appeal from the Niagara Special Term.

Present — Bastow, J.P., Goldman, Halpern, McClusky and Henry, JJ.

Order affirmed, with $25 costs and disbursements. Memorandum: These defenses are permissible in the first instance under section 205-b Gen. Mun. of the General Municipal Law. We pass upon no other question.

All concur, except Halpern, J., who dissents and votes to reverse and to strike out the affirmative defense in the answer of the incorporated fire companies, in the following memorandum:

While the statute confers immunity upon the individual members, it does not, in my opinion, confer immunity upon the corporate entity.