HOUSTON v. CITY OF NEW YORK


256 A.D.2d 277 (1998)

682 N.Y.S.2d 380

THOMAS HOUSTON et al., Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided December 29, 1998.


On December 8, 1990 at about 8 P.M., the injured plaintiff, a pedestrian staggering drunkenly against traffic across 8th Avenue in Manhattan, was struck by a radio motor patrol vehicle driven by Police Officer Vincent Rutelo near West 48th Street. At the hospital to which plaintiff was taken he was found to have a blood alcohol level of 222.7 mg per deciliter. At trial, Officer Rutelo testified that, just minutes before the incident, while stopped at a red light at 47th Street...

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