GONZALEZ v. ZAVALA

2010-02731.

88 A.D.3d 946 (2011)

931 N.Y.S.2d 396

2011 NY Slip Op 7603

BAYRON GONZALEZ, Respondent, v. Luis ZAVALA et al., Defendants, GINA VILLAMARIN, Respondent, and NASSAU COUNTY POLICE DEPARTMENT, Appellant.

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

Decided October 25, 2011.


Ordered that the order is reversed, on the law, with one bill of costs, and the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

According to the deposition testimony of Nassau County police officer Gary Renick, at about 12:38 A.M. on December 24, 2006, he observed a van make an illegal U-turn on Hempstead Turnpike, fishtail into the opposite lane of traffic, and quickly accelerate. Although...

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