PEREZ v. CITY OF NEW YORK

4127, 113582/06.

80 A.D.3d 543 (2011)

915 N.Y.S.2d 77

BEATRICE A. PEREZ, as Administratrix of the Estate of ADAM HUNTER PEREZ, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 27, 2011.


Defendants established their prima facie entitlement to judgment as a matter of law in this action where plaintiff's decedent was struck and killed by a police patrol car driven by defendant Officer Duran as he was responding to a radio call of an officer in need of assistance. "[A] police officer's conduct in pursuing a suspected lawbreaker may not form the basis of civil liability to an injured bystander unless the officer acted in reckless disregard for the safety of others...

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