Schaeffer v. DiDomenico
Cases that cite this one
5 later published cases cite this decision.
- Spalla v. Village of Brockport (Appellate Division of the Supreme Court of New York 2002)
- Worden v. Enser (Appellate Division of the Supreme Court of New York 2000)
- Lopez v. Town of Gates (Appellate Division of the Supreme Court of New York 1998)
- McKenica v. City of Tonawanda (Appellate Division of the Supreme Court of New York 1997)
- Sisson v. Baritot (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover damages for injuries they sustained when their automobile was struck by a police vehicle driven by defendant, a Monroe County Deputy Sheriff. At the time of the accident, defendant was responding to a report of a fight in the vicinity. Defendant moved for summary judgment dismissing the complaint on the ground that he is immune from liability pursuant to Vehicle and Traffic Law § 1104.
Supreme Court properly denied that motion. Defendant failed to establish as a matter of law that he did not act in reckless disregard for the safety of others when he crossed into the turning lane for oncoming traffic and proceeded through a congested intersection at a speed exceeding 50 miles per hour (see, Vehicle and Traffic Law § 1104 [e]; Campbell v City of Elmira, 84 NY2d 505, 510-511; Rouse v Dahlem, 228 AD2d 777). (Appeal from Order of Supreme Court, Monroe County, Fisher, J.—Summary Judgment.) Present—Green, J. P., Law-ton, Doerr, Balio and Fallon, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.