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SAARINEN v. KERR

84 N.Y.2d 494 (1994)

644 N.E.2d 988

620 N.Y.S.2d 297

Vicky L. Saarinen, Respondent, v. Christopher A. Kerr, Respondent, and Village of Massena, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1994.

Attorney(s) appearing for the Case

Leonard, Mellon & Gebo, Ogdensburg (A. Michael Gebo of counsel), for appellant.

Lockwood & Golden, Utica (Stephen L. Lockwood of counsel), for Christopher A. Kerr, respondent.

John A. Piasecki, Malone, for Vicky L. Saarinen, respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

Drivers of emergency vehicles have a primary obligation to respond quickly to preserve life and property and to enforce the criminal laws. Consequently, in recognition of these drivers' special needs, the Legislature enacted Vehicle and Traffic Law § 1104, which qualifiedly exempts them from certain traffic laws when they are "involved in an emergency operation." At issue in this appeal are the...

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