SEO v. CITY OF NEW YORK

Index No. 153971/19, Appeal No. 1960, Case No. 2023-00846.

2024 NY Slip Op 01785

ENOCH KUIJEONG SEO, Plaintiff-Respondent, v. THE CITY OF NEW YORK ET AL., Defendants-Appellants.

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

Decided April 2, 2024.


Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Karin Wolfe of counsel), for appellants.

Harris Keenan & Goldfarb PLLC, New York ( Jason Steinberg of counsel), for respondent.

Before: Oing, J.P., Friedman, Gesmer, Shulman, Rodriguez, JJ.


Order, Supreme Court, New York County (Leslie A. Stroth, J.), entered January 4, 2023, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendants demonstrated that defendant police officer was engaged in an "emergency operation" within the meaning of Vehicle and Traffic Law § 1104 by submitting evidence that...

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