Legal Opinion

Criscione v. City of New York

New York Court of Appeals

Decided December 13, 2001PublishedCited by 83 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In this appeal we consider whether a police officer who was driving a patrol car in response to a 911 dispatch call to investigate a family dispute was engaged in the “emergency operation” of a vehicle as defined in Vehicle and Traffic Law § 114-b. We hold as a matter of law that the driver was involved in an “emergency operation.” Consequently, his actions should not have been measured by the jury under ordinary negligence standards, but rather by the “reckless disregard” standard of section 1104 (e) of the Vehicle and Traffic Law.

Plaintiff Joseph Criscione and…

2Cases cited8 opinions

  1. Szczerbiak v. PilatNew York Court of Appeals · 1997
  2. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  3. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  4. Riley v. County of BroomeNew York Court of Appeals · 2000
  5. Saarinen v. KerrNew York Court of Appeals · 1994

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3Cited by83 opinions

  1. Kabir v. County of MonroeNew York Court of Appeals · 2011
  2. Hodder v. United StatesDistrict Court, E.D. New York · 2004
  3. Woodard v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010
  4. Quintana v. WallaceAppellate Division of the Supreme Court of the State of New York · 2012
  5. Salzano v. KoreaAppellate Division of the Supreme Court of the State of New York · 2002

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