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HEPHZIBAH v. CITY OF NEW YORK

13652, 116481/10.

124 A.D.3d 442 (2015)

997 N.Y.S.2d 900

ESTHER HEPHZIBAH, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 13, 2015.

Plaintiff alleges that she suffered injuries when she was knocked over on a crowded sidewalk during the course of a police chase. The complaint alleges that the police action was undertaken negligently, in reckless disregard for the safety of pedestrians and in violation of Police Department rules and regulations regarding pursuit of low-level suspects. Defendants moved to dismiss plaintiff's negligence claim pursuant to CPLR 3211 (a) (7) on the ground that she failed to...

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