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LEWIS v. CITY OF NEW YORK

4909, 305072/12.

155 A.D.3d 441 (2017)

63 N.Y.S.3d 241

2017 NY Slip Op 07785

DAPHNE O.B. LEWIS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 9, 2017.

Defendants' motion for summary judgment was properly granted since the record shows that defendant Kohler, a police officer, was operating a police vehicle while performing an emergency operation and did not recklessly disregard the safety of others before the accident happened (see Daniels v City of New York, 28 A.D.3d 415 [2d Dept 2006], lv dismissed in part, denied in part 7 N.Y.3d 825

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