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Mae V. Miller, as Administratrix, etc., of Frank P. Miller v. The City of Albany and Others, Appellants Catherine Kenyon, as Administratrix, etc., of Warren Kenyon v. The City of Albany and Others, Appellants Nora A. Rogers, as Administratrix, etc., of Thomas H. Rogers v. The City of Albany and Others
Appeal, in each of three actions, from an order denying a motion made by the defendants to dismiss plaintiff’s complaint. The complaint is framed under section 282-g of the Highway Law, and the plaintiff seeks to recover because of the negligence of persons employed by the city to operate municipally-owned motor vehicles. The order dismissed a separate cause of action alleged in the complaint under the Employers’ Liability Act.
It is alleged in the complaint that plaintiff’s intestate, a fireman, came to his death through the collision of two vehicles negligently operated in connection with the fire department of the city, while going to a fire. Order unanimously affirmed, with ten dollars costs and disbursements, in one action. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ. [158 Misc. 720.]