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ROCKHEAD v. TROCHE

17 A.D.3d 118 (2005)

791 N.Y.S.2d 823

ELIZABETH ROCKHEAD, as Administratrix of the Estate of MALICIA N. ROCKHEAD, Deceased, Respondent, v. NELSON TROCHE, Defendant, and CITY OF NEW YORK, Appellant. KIRKLAND ROCKHEAD, Respondent, v. NELSON TROCHE, Defendant, and CITY OF NEW YORK, Appellant.

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

April 5, 2005.

There are issues of fact as to whether the City's two probationary deputy sheriffs acted in reckless disregard for the safety of others (Vehicle and Traffic Law § 1104 [e]) when they allegedly pursued a stolen van operated by defendant Troche at a high rate of speed through a residential area heavily trafficked by cars and trucks, purportedly chasing the van through a solid red light and causing it to crash into the Rockhead vehicle (Spalla v Village of Brockport...

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