SIMMEN v. STATE OF NEW YORK


81 A.D.2d 398 (1981)

Michele A. Simmen, Respondent, v. State of New York, Appellant. (Claim No. 59476.) (And One Other Appeal.)

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

July 9, 1981


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Henderson G. Riggs, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for appellant.

Frank A. Cissi (Salvador J. Capecelatro, Jr., of counsel), for respondent.

MAIN, CASEY and YESAWICH, JR., JJ., concur with KANE, J. P.; MIKOLL, J., dissents and votes to affirm in an opinion.


KANE, J. P.

Claimants were injured when the automobile in which they were riding was struck by a vehicle being pursued by a State trooper. The sole issue on this appeal is whether the actions of the trooper were negligent and a proximate cause of their injuries.

The events leading up to this tragic occurrence are not in substantial dispute.

At about 1:00 A.M. on Monday, July 23, 1973, a State...

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