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Argued February 16, 2011; decided April 5, 2011
Matter of Ridge Rd. Fire Dist. v Schiano, 67 AD3d 1342, reversed.
{**16 NY3d at 497} OPINION OF THE COURT
Pigott, J.
Respondent Kevin Nowack, a firefighter employed by petitioner Ridge Road Fire District, claimed to have sustained a back injury while on duty on November 7, 2002. Specifically, Nowack claimed that the fire truck he was driving hit a "low spot," manhole cover or [*2]pothole in the road, causing the truck's air suspension seat to elevate and "shoot" downward, causing a "twinge" or "tightness" in his low back.
Nowack sought General Municipal Law

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