Szczerbiak v. Pilat

—Order affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion for a trial order of dismissal at the close of the proof (see, CPLR 4401). In an action involving a police officer’s operation of an authorized emergency vehicle, "[the] officer’s conduct in pursuing a suspected lawbreaker may not form the basis of civil liability to an injured bystander unless the officer acted in reckless disregard for the safety of others. This standard * * * requires evidence that 'the actor has intentionally done an act of an unreasonable character in disregard of a known or…