Perez v. City of New York

Order, Supreme Court, New York County (Cynthia Kern, J.), entered February 2, 2010, which granted defendants’ motion for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs.

Defendants established their prima facie entitlement to judgment as a matter of law in this action where plaintiffs decedent was struck and killed by a police patrol car driven by defendant Officer Duran as he was responding to a radio call of an officer in need of assistance. “[A] police officer’s conduct in pursuing a suspected lawbreaker may not form the…