WHITE v. THOMAS


12 A.D.3d 168 (2004)

784 N.Y.S.2d 54

ANTHONY WHITE, Appellant, v. BARRY THOMAS, Defendant, and CITY OF NEW YORK, Respondent.

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

November 4, 2004.


The credible evidence demonstrated that the acts of defendant's employee, an off-duty police sergeant, were dictated by personal motives stemming from a traffic altercation with plaintiff as the two passed through the Triborough Bridge toll plaza. At the time the sergeant motioned for plaintiff to pull over, he was not in uniform, did not display his badge, and gave no indication that he was a police officer. Only after plaintiff pulled his vehicle to the side of the road...

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