BANKS v. CITY OF NEW YORK

6898, 100890/05.

92 A.D.3d 591 (2012)

939 N.Y.S.2d 39

2012 NY Slip Op 1368

BARBARA BANKS, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided February 23, 2012.


The court properly charged the jury with determining whether, at the time of the accident, defendant police officer was "involved in an emergency operation" of an authorized emergency vehicle, pursuant to Vehicle and Traffic Law § 1104 (a). The officer's operation of his vehicle while investigating a person who, from a truck, made a hand motion and may have waved to the police is not one of the vehicular operations specifically listed in Vehicle and Traffic Law §...

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