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CHESSEY v. CITY OF NEW YORK

Nos. 5868, 111662/07.

88 A.D.3d 625 (2011)

931 N.Y.S.2d 502

2011 NY Slip Op 7584

JOSEPH J. CHESSEY, JR., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided October 27, 2011.

The City concedes that in light of the Court of Appeals' decision in Kabir v County of Monroe (16 N.Y.3d 217 [2011]), it was error to charge the jury with the "emergency doctrine." It was undisputed that the driver of the City's vehicle involved in the accident was not "involved in an emergency operation" or "engage[d] in the specific conduct exempted from the rules of the road by Vehicle and Traffic Law § 1104 (b)" at the time...

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