Warme v. City of New York

Appellate Division of the Supreme Court of New York

Warme v. City of New York

13 A.D.3d 74, 785 N.Y.S.2d 330, 2004 N.Y. App. Div. LEXIS 14735

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

DecidedDecember 2, 2004

StatusPublished

This text of 13 A.D.3d 74 (Warme v. City of New York) 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.

Bluebook

Warme v. City of New York, 13 A.D.3d 74, 785 N.Y.S.2d 330, 2004 N.Y. App. Div. LEXIS 14735 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, Bronx County (Patricia Anne Williams, J), entered August 25, 2003, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs commenced this action alleging wrongful death of their son and related claims, as well as property damage to his vehicle during a high speed chase by the police. While defendants demonstrated that the officers exercised the appropriate degree of care under the circumstances, plaintiffs failed to raise a triable issue of fact as to the decedent’s allegedly wrongful death, since their expert physician’s affirmation was conclusory and speculative (see Boatwright v New York City Tr. Auth., 304 AD2d 421 [2003]). As to the cause of action for property damage, plaintiff failed to submit the notice of claim allegedly filed with the City, or to contest its untimeliness. Concur—Tom, J.P., Andrias, Saxe, Williams and Sweeny, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Patricia Anne Williams, J), entered August 25, 2003, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs commenced this action alleging wrongful death of their son and related claims, as well as property damage to his vehicle during a high speed chase by the police. While defendants demonstrated that the officers exercised the appropriate degree of care under the circumstances, plaintiffs failed to raise a triable issue of fact as to the decedent’s allegedly wrongful death, since their expert physician’s affirmation was conclusory and speculative (see Boatwright v New York City Tr. Auth., 304 AD2d 421 [2003]). As to the cause of action for property damage, plaintiff failed to submit the notice of claim allegedly filed with the City, or to contest its untimeliness. Concur—Tom, J.P., Andrias, Saxe, Williams and Sweeny, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

13 A.D.3d 74, 785 N.Y.S.2d 330, 2004 N.Y. App. Div. LEXIS 14735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warme-v-city-of-new-york-nyappdiv-2004.

Opinion

Related

Cite This Page — Counsel Stack