Appellate Division of the Supreme Court of New York, 1997

McKenica v. City of Tonawanda

Appellate Division of the Supreme Court of New York · Decided May 30, 1997

239 A.D.2d 951; 661 N.Y.S.2d 814; 1997 N.Y. App. Div. LEXIS 6379

Cases that cite this one

3 later published cases cite this decision.

Spalla v. Village of Brockport (Appellate Division of the Supreme Court of New York 2002)
Lopez v. Town of Gates (Appellate Division of the Supreme Court of New York 1998)
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: Plaintiff commenced this action to recover damages for injuries he sustained when a police vehicle struck him as he crossed Niagara Street in the City of Tonawanda. At the time of the accident, defendant police officer was responding to a call for assistance from another *952officer. Defendants moved for summary judgment dismissing the complaint on. the ground that, pursuant to Vehicle and Traffic Law § 1104, civil liability may not be imposed upon them.

Supreme Court properly denied that motion. Defendants failed to establish their entitlement to judgment as a matter of law (see, CPLR 3212 [b]). Triable issues of fact exist with respect to the circumstances of the accident and whether defendant police officer drove his vehicle in reckless disregard for the safety of others (see, Vehicle and Traffic Law § 1104 [e]; Campbell v City of Elmira, 84 NY2d 505, 510-511; Schaeffer v DiDomenico, 238 AD2d 931; Rouse v Dahlem, 228 AD2d 777). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Summary Judgment.) Present—Denman, P. J., Green, Do-err, Balio and Boehm, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.