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MURPHY v. CITY OF NEW YORK

202 A.D.2d 407 (1994)

608 N.Y.S.2d 513

Thomas Murphy, Also Known as Thomas P. Murphy, Respondent, v. City of New York, Appellant, et al., Defendants

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

March 7, 1994

Ordered that the judgment is reversed, on the law, with costs, and the action is dismissed.

The plaintiff, a police officer at the time of the accident, was injured when the patrol car in which he was a passenger crashed while responding to an emergency call. The Supreme Court, after a nonjury trial, awarded the plaintiff damages on the basis of two theories: common law negligence and General Municipal Law § 205-e....

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