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PONIATOWSKI v. CITY OF NEW YORK

19 A.D.2d 64 (1963)

Frank Poniatowski, Respondent, v. City of New York, Appellant

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

June 17, 1963.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Joseph A. Doran and Seymour B. Quel of counsel), for appellant.

Joseph Kelner and Harvey Weitz for respondent.

UGHETTA and BRENNAN, JJ., concur with HILL, J.; BELDOCK, P. J., concurs with HILL, J., in dismissal of appeal from order, but dissents as to the reversal of the judgment and as to the dismissal of the complaint, and votes to affirm the judgment, in opinion. HOPKINS, J., concurs with HILL, J., in reversal of the judgment but dissents as to the dismissal of the complaint, and votes to grant a new trial, in opinion.

HILL, J.

Plaintiff, a New York City policeman, was seriously injured when an unmarked police radio car, owned by the defendant city and in which he was a "recorder" passenger, collided with another vehicle while the police car, then being operated by a fellow police officer, was in pursuit of a third vehicle which, in violation of traffic regulations, had ignored a stop sign.

Plaintiff has obtained a substantial...

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