MARTINEZ v. CITY OF NEW YORK

2017-11545, Index No. 18058/13.

175 A.D.3d 1284 (2019)

105 N.Y.S.3d 901

2019 NY Slip Op 06486

Rafael Martinez, Appellant, v. City of New York et al., Respondents.

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

Decided September 11, 2019.


Attorney(s) appearing for the Case

Friedman Sanchez, LLP, Brooklyn, NY ( Emil Sanchez and Paul D. Creinis of counsel), for appellant.

Georgia M. Pestana , Acting Corporation Counsel, New York, NY ( Jane L. Gordon and Elina Druker of counsel), for respondents.

Rivera, J.P., Roman, Hinds-Radix and Duffy, JJ., concur.


Ordered that the judgment is affirmed, with costs.

The plaintiff commenced this action to recover damages for injuries he allegedly sustained when the vehicle he was operating collided with a marked police car operated by the defendant Steven Ramirez, a police officer, at an intersection in Brooklyn. Ramirez testified at a deposition that, at the time the accident took place, he was responding to a "10-85" call from a police dispatcher of an officer in need of assistance...

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