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NAUE v. HIGGINS

242 A.D.2d 567 (1997)

662 N.Y.S.2d 527

Sharon Naue et al., Appellants, v. John W. Higgins, Jr., et al., Defendants, and Mark Gilmore et al., Respondents. (Action No. 1.) Gustave Naue, Individually and as Parent and Natural Guardian of Christopher Naue, an Infant, et al., Plaintiffs, v. John W. Higgins, Jr., et al., Defendants. (Action No. 2.) Joseph Wanderlingh et al., Appellants, v. John W. Higgins, Jr., et al., Defendants, and Sharon Naue et al., Respondents. (Action No. 3.)

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

September 15, 1997

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

We agree with the Supreme Court's conclusion that on the facts of this case, and given that the record shows that the alleged pursuit lasted approximately seven seconds, at 2:35 A.M., in a quiet neighborhood with no traffic, the conduct of the defendant Deputy Mark Gilmore...

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