WARME v. CITY OF NEW YORK


13 A.D.3d 74 (2004)

785 N.Y.S.2d 330

DIANE WARME, Individually and as Executrix of SCOTT STEVEN WARME, Deceased, 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.

December 2, 2004.


Plaintiffs commenced this action alleging wrongful death of their son and related claims, as well as property damage to his vehicle during a high speed chase by the police. While defendants demonstrated that the officers exercised the appropriate degree of care under the circumstances, plaintiffs failed to raise a triable issue of fact as to the decedent's allegedly wrongful death, since their expert physician's affirmation was conclusory and speculative (see Boatwright...

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