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FOSTER v. SUFFOLK COUNTY POLICE DEPT.

2018-05633. Index No. 4989/09.

199 A.D.3d 658 (2021)

157 N.Y.S.3d 484

2021 NY Slip Op 05956

Maureen Foster, Respondent, v. Suffolk County Police Department et al., Appellants, and John Licausi, Respondent.

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

Decided November 3, 2021.

Attorney(s) appearing for the Case

Devitt Spellman Barrett, LLP, Smithtown, NY ( John M. Denby , of counsel), for appellants.

Ira Cooper , Carle Place, NY, for plaintiff-respondent.

John Licausi, Napanoch, NY, defendant-respondent pro se.

LaSalle, P.J., Austin, Wooten and Zayas, JJ., concur.

Ordered that the judgment is reversed, on the law, with one bill of costs, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial.

The plaintiff's decedent was killed when a vehicle driven by the defendant John Licausi struck his vehicle. At the time of and leading up to the crash, Licausi's vehicle was being pursued by a police vehicle driven by Police Officer Michael Bogliole. The plaintiff commenced the instant action to recover damages...

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