Opinion
Argued March 27, 1980
Decided April 24, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ROBERT J. McDOWELL, J.
Leon Katzen for appellants in Action No. 1.
John R. Schwartz for appellants in Action No. 2.
Henry R. Ippolito for respondents.
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.
Order affirmed, with costs, in a memorandum.