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MARTINEZ v. INCORPORATED VILLAGE OF FREEPORT

2018-13493, Index No. 2941/15.

181 A.D.3d 947 (2020)

119 N.Y.S.3d 892

2020 NY Slip Op 02081

Philip Martinez et al., Respondents, v. Incorporated Village of Freeport et al., Appellants.

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

Decided March 25, 2020.

Ordered that the order is affirmed, with costs.

The defendant Vincent Kennedy was operating a marked police vehicle when it struck the rear of a motorcycle owned and operated by the plaintiff Philip Martinez and occupied by the plaintiff Michele Russo. The plaintiffs subsequently commenced this action against the defendants. The defendants moved for summary judgment dismissing the complaint, contending that Kennedy did not operate his vehicle in reckless disregard...

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