Ferrara v. Village of Chester
Cases that cite this one
18 later published cases cite this decision.
- Foster v. Suffolk County Police Department (Appellate Division of the Supreme Court of New York 2016)
- Quintana v. Wallace (Appellate Division of the Supreme Court of New York 2012)
- Quintana v. Wallace (Appellate Division of the Supreme Court of New York 2012)
- Rios v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Handelsman v. Llewellyn (Appellate Division of the Supreme Court of New York 2022)
- Handelsman v. Llewellyn (Appellate Division of the Supreme Court of New York 2022)
- S.L. v. City of Yonkers (Appellate Division of the Supreme Court of New York 2022)
- Kelly v. City of Yonkers (Appellate Division of the Supreme Court of New York 2022)
- Cordero v. Nunez (Appellate Division of the Supreme Court of New York 2020)
- Anderson v. Suffolk County Police Dept. (Appellate Division of the Supreme Court of New York 2020)
- Gaudio v. City of New York (Appellate Division of the Supreme Court of New York 2020)
- Baker v. City of White Plains (Appellate Division of the Supreme Court of New York 2019)
- Pollak v. Maimonides Medical Center (Appellate Division of the Supreme Court of New York 2016)
- Rincon v. Dusenbury (Appellate Division of the Supreme Court of New York 2013)
- Rincon v. Dusenbury (Appellate Division of the Supreme Court of New York 2013)
- Pope v. Safety & Quality Plus, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Harsch v. City of New York (Appellate Division of the Supreme Court of New York 2010)
- Krulik v. County of Suffolk (Appellate Division of the Supreme Court of New York 2009)
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
Here, the appellants Village of Chester and David J. Hagberg (hereinafter the appellants) failed to meet their initial burden of establishing, prima facie, that the police officers responding to the emergency did not act in reckless disregard for the safety of others in commencing, conducting, or failing to terminate the high-speed pursuit of another vehicle driven by an individual suspected of violating his parole and driving with a suspended license, during which the subject accident occurred (see Burrell v City of New York, 49 AD3d 482, 483 [2008]; Shephard v City of New York, 39 AD3d 842 [2007]; see also Vehicle and Traffic Law § 114-b). The appellants’ submissions failed to eliminate questions of fact as to whether the principal pursuing officer properly informed the central dispatcher of the location of the suspect’s vehicle and whether the suspect was operating his headlights. Moreover, there are issues of fact as to whether the pursuing officer or his supervisor should have commenced the pursuit given the minor offenses the suspect was thought to have committed, or terminated the pursuit in light of the fact that it was conducted at high speeds on curving narrow roads, through a construction zone and into oncoming traffic, where the suspect vehicle may not have used headlights. Accordingly, the appellants did not establish their entitlement to summary judgment dismissing the complaint insofar as asserted against them (see Campbell v City of Elmira, 84 NY2d at 510-511; Burrell v City of New York, 49 AD3d 482 [2008]; McCarthy v City of New York, 250 AD2d 654, 655 [1998]; cf. Spalla v Village of Brockport, 295 AD2d 900, 900-901 [2002]).
The appellants’ remaining contentions are without merit. The contentions of the defendant Timothy McGuire are not
Case-law data current through December 31, 2025. Source: CourtListener bulk data.