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COOPER v. CITY OF NEW YORK

81 N.Y.2d 584 (1993)

619 N.E.2d 369

601 N.Y.S.2d 432

Gertrude J. Cooper, Appellant, v. City of New York et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 15, 1993.

Attorney(s) appearing for the Case

Molod & Berkowitz, New York City, and Seligson Rothman & Rothman (Martin S. Rothman, Seymour Berkowitz and Alyne I. Diamond of counsel), for appellant.

O. Peter Sherwood, Corporation Counsel of New York City (Linda H. Young and Pamela Seider Dolgow of counsel), for City of New York, respondent.

Chief Judge KAYE and Judges SIMONS and BELLACOSA concur with Judge HANCOCK, JR.; Judge TITONE dissents and votes to reverse in a separate opinion; Judge SMITH taking no part.

HANCOCK, JR., J.

Plaintiff, a police officer, was injured when the police vehicle in which she was riding as a "recorder" struck another vehicle in responding to an "officer in need of assistance emergency call". The decisive issue presented in plaintiff's appeal is whether the Appellate Division properly reversed the judgment against the City after a jury verdict and dismissed the complaint under Santangelo...

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