SIMS v. TOWN OF RAMAPO


177 Misc.2d 302 (1998)

676 N.Y.S.2d 421

Marvin L. Sims, Plaintiff, v. Town of Ramapo et al., Defendants.

Supreme Court, Rockland County.

June 2, 1998


Attorney(s) appearing for the Case

Goodfriend, Saltzman & Newman, New City, for plaintiff. Alan M. Simon, Town Attorney of Town of Ramapo, Suffern, for defendants.


HOWARD MILLER, J.

This matter came on before me for trial on June 1, 1998, and the defendants requested the court charge the "reckless disregard" standard, rather than the ordinary negligence charge, upon the basis that defendant Officer Thomas E. Hatch was engaged in an emergency operation, as defined by the Vehicle and Traffic Law, at the time of the accident.

It is undisputed that at the time of...

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