DAVIS v. CITY OF NEW YORK

2009-10206.

75 A.D.3d 574 (2010)

903 N.Y.S.2d 920

ROBERT DAVIS, Respondent, v. CITY OF NEW YORK et al., Respondents, and GARY A. EMMANUEL, Appellant.

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

Decided July 20, 2010.


Ordered that the amended order is affirmed insofar as appealed from, with costs.

The deposition testimony submitted in support of the appellant's motion for summary judgment established the negligence of the defendant police officer Deidra Defrities in driving her patrol car into an intersection against a red traffic signal in a nonemergency situation, where it collided with the appellant's vehicle. However, since Defrities gave deposition testimony that she activated...

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