Jessop v. City of Niagara Falls

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying the cross motion of defendant City of Niagara Falls (City) seeking summary judgment dismissing the complaint against it. This negligence and wrongful death action arises from a motor vehicle accident that was caused by an intoxicated driver who was being pursued by City police officers. The offi*903cers had encountered the driver 15 minutes earlier exiting a parked automobile and had directed him not to drive because of his intoxicated condition.…