SZCZERBIAK v. PILAT


229 A.D.2d 977 (1996)

645 N.Y.S.2d 256

David Szczerbiak et al., Individually and as Coadministrators of The Estate of Eric Szczerbiak, Deceased, Appellants, v. Michael H. Pilat et al., Respondents

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

July 12, 1996


Order affirmed without costs.

Memorandum:

Supreme Court properly granted defendants' motion for a trial order of dismissal at the close of the proof (see, CPLR 4401). In an action involving a police officer's operation of an authorized emergency vehicle, "[the] officer's conduct in pursuing a suspected lawbreaker may not form the basis of civil liability to an injured bystander unless the officer acted in reckless disregard for the safety of others...

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