RINCON v. DUSENBURY

2012-01999.

106 A.D.3d 974 (2013)

965 N.Y.S.2d 366

2013 NY Slip Op 3653

MARTA LUZ RINCON, Appellant, v. A.C. DUSENBURY et al., Respondents.

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

Decided May 22, 2013.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured while crossing Westchester Avenue in the Village of Port Chester when she entered the street from between two parked cars and was struck by a marked Village of Port Chester police vehicle with lights and siren engaged. The plaintiff was not within a crosswalk when she was struck.

"[T]he driver of an authorized emergency vehicle' engaged in an `emergency operation' is exempt...

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