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BARNER v. COUNTY OF RENSS

94 Misc.2d 36 (1978)

Harry E. Barner, Individually and as Administrator of The Estate of Marie E. Barner, Deceased Infant, Plaintiff, v. County of Rensselaer et al., Defendants and Third-Party Plaintiffs. St. Mary's Roman Catholic Church et al., Third-Party Defendants.

Supreme Court, Special Term, Rensselaer County.

April 18, 1978

Attorney(s) appearing for the Case

Friedman, Maksail & Hirschen (Jeffrey N. Miller of counsel), for James Harbeck, defendant. Carter, Conboy, Bardwell, Case & Blackmore (Randall J. Ezick of counsel), for County of Rensselaer and another, defendants and third-party plaintiffs. Donohue, Bohl, Clayton & Komar, P. C., (Myron Komar of counsel), for plaintiff.

HAROLD J. HUGHES, J.

This is a motion by the defendant James Harbeck for summary judgment.

The issue, apparently one of first impression in New York, is whether the driver of a motor vehicle, which is being pursued by a police vehicle, may be liable for the death of a pedestrian struck by the police vehicle in the pursuit.

Plaintiff's action is to recover damages for wrongful death and conscious...

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