PORTIS v. YATES

346 CA 21-01365.

207 A.D.3d 1137 (2022)

172 N.Y.S.3d 313

2022 NY Slip Op 04456

Yvonnia C. Portis, Respondent, v. Nicholas D. Yates et al., Appellants.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, ROCHESTER ( PATRICK B. NAYLON OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

ELLIOTT STERN CALABRESE, LLP, ROCHESTER ( DAVID S. STERN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Plaintiff commenced this action seeking to recover damages for injuries she sustained when the vehicle she was driving was involved in a collision with a marked patrol vehicle operated by defendant Nicholas D. Yates, a deputy sheriff (deputy), who was at the time responding to a radio dispatch of an armed robbery in progress. The collision occurred when the deputy attempted to...

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