MIKORSKI v. CITY OF NEW YORK


3 A.D.3d 459 (2004)

770 N.Y.S.2d 860

DOUGLAS MIKORSKI et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

January 29, 2004.


Although the vehicle owned by defendant City and operated by defendant Maiorana hit plaintiff's vehicle from behind, summary judgment as to liability was properly denied since Maiorana adequately explained the collision as attributable to circumstances other than negligence on his part. Officer Maiorana's testimony that he was riding his scooter in formation as part of a presidential detail, and was some three scooter lengths behind plaintiff's vehicle—also part of...

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