Rosenthal v. Village of Hastings-on-Hudson
This text of 241 A.D. 890 (Rosenthal v. Village of Hastings-on-Hudson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order of the City Court of Yonkers denying motion to strike out the further, separate and distinct defense contained in the answer reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Section 282-g of the Highway Law, which makes a village liable for the negligence of a person operating a municipally owned vehicle upon [891]*891the public streets in the discharge of a statutory duty imposed upon the municipality, applies to the operation of a fire truck owned by the village and being operated while in the performance of governmental duties, viz., on the way to a fire in answer to an alarm. (Snyder v. City of Binghamton, 138 Misc. 259; affd., 233 App. Div. 782; Matter of Evans v. Berry, 262 N. Y. 61, 70, 71.) Young, Hagarty, Carswell, Scudder and Davis, JJ., concur.
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241 A.D. 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenthal-v-village-of-hastings-on-hudson-nyappdiv-1934.