CHURCH v. CITY OF NEW YORK


268 A.D.2d 382 (2000)

702 N.Y.S.2d 274

ROBERT CHURCH, Respondent, et al., Plaintiff, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

Decided January 27, 2000.


A police van driven by a civilian operator, in which plaintiff, a police officer, was a passenger, was transporting prisoners from a precinct to Central Booking when it was hit in the rear by a car driven by defendant Rosado. A police officer witness who also was a passenger indicated that the operator of the police van was rushing because the van lacked air conditioning, the day was hot, and a supervisor had indicated a concern for prisoners passing out. The van was not...

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