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LUBECKI v. CITY OF NY

304 A.D.2d 224 (2003)

758 N.Y.S.2d 610

CLAUDE P. LUBECKI, Plaintiff, and JOSE VARGAS et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 27, 2003.

Attorney(s) appearing for the Case

Michael P. Eisenman of counsel (Miller & Eisenman, LLP, attorneys), for respondents.

Janet L. Zaleon of counsel (Kristin M. Helmers, Kenneth Sasmor, Alan G. Krams on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for appellants.

BUCKLEY, P.J., ELLERIN, WALLACH and GONZALEZ, JJ., concur.

OPINION OF THE COURT

TOM, J.

In this unusual case, we affirm the judgment of the trial court except insofar as the apportionment of damages under article 16 of the CPLR is concerned. We remand for a new trial solely on the issue whether there was reckless disregard by police officers for the safety of plaintiff's decedent and that of plaintiff Ramon Vargas Santiago such as would deprive the municipal defendants of the statutory apportionment provided by...

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