Simmen v. State
Cases that cite this one
9 later published cases cite this decision.
- Kennedy v. City of Spring City (Tenn. 1989)
- Saarinen v. Kerr (N.Y. 1994)
- McCullen v. County of Rensselaer (Appellate Division of the Supreme Court of New York 1994)
- Bellows v. City of Amsterdam (Appellate Division of the Supreme Court of New York 1990)
- Palella v. State (Appellate Division of the Supreme Court of New York 1988)
- Kerwin v. County of Broome (Appellate Division of the Supreme Court of New York 1987)
- Mitchell v. State (Appellate Division of the Supreme Court of New York 1985)
- Rightmyer v. State (Appellate Division of the Supreme Court of New York 1985)
- Zulauf v. State (N.Y. Ct. Cl. 1983)
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
Memorandum.
The order of the Appellate Division dismissing the claims should be affirmed, with costs.
On the basis of our review of the record (NY Const, art VI, § 3, subd a; CPLR 5501, subd [b]), we conclude that the weight of the credible evidence supports the determination of the Appellate Division that the conduct of the police officer while in pursuit of another vehicle was not unreasonable under the circumstances and, therefore, no liability can be imputed to the State.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.