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COONEY v. PORT CHESTER POLICE DEPT.

2019-10380. Index No. 61021/17.

203 A.D.3d 799 (2022)

160 N.Y.S.3d 885

2022 NY Slip Op 01440

John D. Cooney, Appellant, v. Port Chester Police Department et al., Respondents.

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

Rosenberg Minc Falkoff & Wolff, LLP, New York, NY ( Jesse M. Minc of counsel), for appellant.

O'Connor, McGuiness, Conte, Doyle, Oleson, Watson & Loftus, LLP, White Plains, NY ( Montgomery L. Effinger of counsel), for respondents.

Brathwaite Nelson, J.P., Roman, Genovesi and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The plaintiff allegedly was injured when the vehicle he was operating collided with a police vehicle operated by the defendant Michael J. Giandurco at an intersection in the Village of Port Chester. The plaintiff commenced this personal injury action against Giandurco, Port Chester Police Department, and the Village. Thereafter...

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