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LUCA v. TOWN OF CRAWFORD

294 A.D.2d 410 (2002)

741 N.Y.S.2d 913

SYLVESTER J. LUCA, Respondent, v. TOWN OF CRAWFORD et al., Appellants.

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

Decided May 13, 2002.

Ordered that the order is affirmed, with costs.

The plaintiff was injured when a vehicle he was driving was struck by an emergency vehicle driven by the defendant Gerald Marlatt, a police officer. We agree with the Supreme Court that there are questions of fact as to whether Marlatt acted with reckless disregard for the safety of others (see Baines v City of New York, 269 A.D.2d 309; Gordon v County of Nassau,

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