16 A.D.2d 831 | N.Y. App. Div. | 1962
In an action by plaintiff, who owned and maintained a house in New Hyde Park, Nassau County, which caught fire, to recover damages from the defendants Garden City Park Water District and the Garden City Park Fire District, by reason of their wrongful conduct in preventing the defendant New Hyde Park Fire District from promptly extinguishing the fire, plaintiff appeals from an order of the Supreme Court, Nassau County, dated March 10, 1960, granting the motion of the defendants, Garden City Park Water and Fire Districts, to dismiss the complaint for failure to state a cause of action, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Order reversed, without costs, and motion of the defendants, Garden City Park Water and Fire Districts, denied. On February 22, 1958, the plaintiff’s residence in New Hyde Park caught fire. The personnel of the New Hyde Park Fire District responded to the fire alarm and commenced to dispose their equipment to fight the fire. Before the firemen of this fire district actually began extinguishing the fire, however, the firemen of the Garden City Park Water and Fire Districts arrived and engaged them in a dispute as to which district had jurisdiction over the fire. During the dispute plaintiff’s residence continued to burn while part or all