Legal Opinion
Gervasi v. Peay
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1998PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about August 30, 1996, which, insofar as appealed from, granted defendant City’s motion for summary judgment dismissing plaintiff’s cause of action under General Municipal Law § 205-e, affirmed, without costs.
The IAS Court correctly held that, as a matter of law, the driver of the patrol car in which plaintiff was seated did not *173act with “reckless disregard for the safety of others”, ignoring known serious risks of harm (Vehicle and Traffic Law § 1104 [e]; see also, Saarinen v Kerr, 84 NY2d 494, 501; Campbell v City of…
2Cases cited4 opinions
- Saarinen v. KerrNew York Court of Appeals · 1994
- Campbell v. City of ElmiraNew York Court of Appeals · 1994
- Desmond v. City of New YorkNew York Court of Appeals · 1996
- Farrington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by5 opinions
- Hodder v. United StatesDistrict Court, E.D. New York · 2004
- Aqeel v. Tony Casale, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Spencer v. Astralease Associated, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Frezzell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Frezzell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013