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SZCZERBIAK v. PILAT

90 N.Y.2d 553 (1997)

686 N.E.2d 1346

664 N.Y.S.2d 252

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

Court of Appeals of the State of New York.

Decided October 23, 1997.

Attorney(s) appearing for the Case

Siegel, Kelleher & Kahn, Buffalo (Dennis Alan Kahn of counsel), for appellants.

Damon & Morey, L. L. P., Buffalo (Joseph J. Schoellkopf, Jr., and Michael J. Willett of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

In this wrongful death action for injuries suffered when plaintiffs' decedent was struck by a police car driven by defendant Officer Michael H. Pilat, the issue is whether defendant's conduct in driving the automobile rose to the level of "reckless disregard" for the safety of others required by Vehicle and Traffic Law § 1104 (e) to impose liability...

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