McELHINNEY v. FITZPATRICK

1089 CA 20-00722.

193 A.D.3d 1409 (2021)

143 N.Y.S.3d 268

2021 NY Slip Op 02694

Ryan J. McElhinney, Respondent, v. Timothy W. Fitzpatrick, Individually and in His Capacity as a Monroe County Sheriff's Deputy, Appellant.

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

JOHN P. BRINGEWATT , COUNTY ATTORNEY, ROCHESTER ( ADAM M. CLARK OF COUNSEL), FOR DEFENDANT-APPELLANT.

ROTHENBERG LAW, ROCHESTER ( DAVID A. ROTHENBERG OF COUNSEL), AND CERULLI MASSARE & LEMBKE, FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Bannister 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 he sustained when the vehicle he was driving was struck by a patrol vehicle operated by defendant, a deputy sheriff employed by the Monroe County Sheriff's Office, who was at the time responding to a call. Defendant appeals from an order denying his motion for summary judgment dismissing the...

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