Schaeffer v. DiDomenico

Appellate Division of the Supreme Court of New York

Schaeffer v. DiDomenico

238 A.D.2d 931, 661 N.Y.S.2d 154, 1997 N.Y. App. Div. LEXIS 4749

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 25, 1997

StatusPublished

Cited by5 cases

This text of 238 A.D.2d 931 (Schaeffer v. DiDomenico) 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.

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Schaeffer v. DiDomenico, 238 A.D.2d 931, 661 N.Y.S.2d 154, 1997 N.Y. App. Div. LEXIS 4749 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover damages for injuries they sustained when their automobile was struck by a police vehicle driven by defendant, a Monroe County Deputy Sheriff. At the time of the accident, defendant was responding to a report of a fight in the vicinity. Defendant moved for summary judgment dismissing the complaint on the ground that he is immune from liability pursuant to Vehicle and Traffic Law § 1104.

Supreme Court properly denied that motion. Defendant failed to establish as a matter of law that he did not act in reckless disregard for the safety of others when he crossed into the turning lane for oncoming traffic and proceeded through a congested intersection at a speed exceeding 50 miles per hour (see, Vehicle and Traffic Law § 1104 [e]; Campbell v City of Elmira, 84 NY2d 505, 510-511; Rouse v Dahlem, 228 AD2d 777). (Appeal from Order of Supreme Court, Monroe County, Fisher, J.—Summary Judgment.) Present—Green, J. P., Law-ton, Doerr, Balio and Fallon, JJ.

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—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover damages for injuries they sustained when their automobile was struck by a police vehicle driven by defendant, a Monroe County Deputy Sheriff. At the time of the accident, defendant was responding to a report of a fight in the vicinity. Defendant moved for summary judgment dismissing the complaint on the ground that he is immune from liability pursuant to Vehicle and Traffic Law § 1104.

Supreme Court properly denied that motion. Defendant failed to establish as a matter of law that he did not act in reckless disregard for the safety of others when he crossed into the turning lane for oncoming traffic and proceeded through a congested intersection at a speed exceeding 50 miles per hour (see, Vehicle and Traffic Law § 1104 [e]; Campbell v City of Elmira, 84 NY2d 505, 510-511; Rouse v Dahlem, 228 AD2d 777). (Appeal from Order of Supreme Court, Monroe County, Fisher, J.—Summary Judgment.) Present—Green, J. P., Law-ton, Doerr, Balio and Fallon, JJ.

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238 A.D.2d 931, 661 N.Y.S.2d 154, 1997 N.Y. App. Div. LEXIS 4749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaeffer-v-didomenico-nyappdiv-1997.

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