Goodarzi v. City of New York

Goldstein, J., dissents and votes to affirm the order appealed from, with the following memorandum:

On March 3, 1982, the plaintiff, an auxiliary police officer, was sitting in the front passenger seat of an auxiliary police vehicle preparing to write in his log book and waiting to be driven home when the vehicle was struck from behind by a police car causing the plaintiff to sustain serious personal injuries. The instant action was commenced on or about June 23, 1982, and issue was joined with service of an answer dated September 23,1982, which did not assert exclusive liability under the…