Sharkey v. Mitchell's Newspaper Delivery, Inc.

Order, Supreme Court, New York County (Herman Cahn, J.), entered November 29, 1988, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs and without disbursements.

Plaintiffs intestate commenced this action to recover damages for injuries suffered when the decedent was struck by a truck owned by defendant Mitchell’s Newspaper Delivery, Inc. (Mitchell’s) and operated by defendant Edgar Ouida (Ouida). The decedent, a New York City police officer, was allegedly struck and injured by Mitchell’s truck while he was directing traffic at the scene of an unrelated…