Wilson v. City of New York

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered February 9, 1990, which granted the defendants’ motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint, unanimously affirmed, without costs.

In the underlying action, plaintiff sought to recover damages for personal injuries he sustained on June 16, 1984 as a *277passenger in a taxicab driven by defendant George Addison, an off-duty New York City Police Officer, when the vehicle crashed into a construction site after defendant Addison had exited the vehicle in an effort to apprehend two individuals attempting to break…