McKenica v. City of Tonawanda

Order unanimously affirmed with costs. Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when a police vehicle struck him as he crossed Niagara Street in the City of Tonawanda. At the time of the accident, defendant police officer was responding to a call for assistance from another *952officer. Defendants moved for summary judgment dismissing the complaint on. the ground that, pursuant to Vehicle and Traffic Law § 1104, civil liability may not be imposed upon them.

Supreme Court properly denied that motion. Defendants failed to establish their entitlement to…