LUPOLE v. ROMANO


307 A.D.2d 697 (2003)

762 N.Y.S.2d 838

DONALD H. LUPOLE, Respondent, v. MATTHEW ROMANO et al., Appellants.

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

Decided July 31, 2003.


Mugglin, J.

Plaintiff was injured in a collision with a police vehicle owned by defendant Village of Owego in Tioga County, and operated by defendant Matthew Romano, a police officer. The collision occurred at a controlled intersection as the police vehicle responded to a call regarding a fight in progress. Following joinder of issue and completion of certain discovery, defendants sought summary judgment dismissing the complaint, asserting that since Romano was on...

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