RODRIGUEZ v. INCORPORATED VILLAGE OF FREEPORT


21 A.D.3d 1024 (2005)

801 N.Y.S.2d 352

ELENA RODRIGUEZ, Appellant, v. INCORPORATED VILLAGE OF FREEPORT et al., Respondents.

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

September 19, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The manner in which a police officer operates his or her vehicle in responding to an emergency radio bulletin may not form the basis of civil liability to an injured third party unless the officer acted in reckless disregard for the safety of others (see Vehicle and Traffic Law § 1104 [e]; Saarinen v. Kerr, 84 N.Y.2d...

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