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TORRES-CUMMINGS v. NIAGARA FALLS POLICE DEPT.

857 CA 20-00369.

193 A.D.3d 1372 (2021)

147 N.Y.S.3d 771

2021 NY Slip Op 02679

Alejandrina Torres-Cummings, Appellant, v. Niagara Falls Police Department et al., Respondents.

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

BERGEN & SCHIFFMACHER, LLP, BUFFALO ( JOSEPH R. BERGEN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

CHRISTOPHER MAZUR , CORPORATION COUNSEL, NIAGARA FALLS ( THOMAS J. DEBOY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Whalen, P.J., Smith, Curran, Troutman and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover damages for injuries she sustained when the vehicle she was driving collided at an intersection with a police vehicle operated by defendant Kelly Rougeux (defendant officer), a police officer employed by defendant Niagara Falls Police Department who was patrolling the area. Plaintiff thereafter moved for summary...

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