MILLER v. COUNTY OF SUFFOLK


48 A.D.3d 524 (2008)

852 N.Y.S.2d 250

DERRICK MILLER, Appellant, v. COUNTY OF SUFFOLK et al., Respondents.

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

Decided February 13, 2008.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint is denied.

On September 24, 2005, the plaintiff was a passenger in a car driven by nonparty P. L. Henderson and owned by nonparty Leondra Bray. That car collided with a police car owned by the defendant County of Suffolk and driven by the defendant Lola Quesada, a Suffolk County Police Officer. The accident occurred at the intersection...

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