Davis v. City of Mount Vernon

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs and claim dismissed.

In this negligence action for property damage the notice of claim states that on January 8, 1990 plaintiff’s 1985 Ford Escort was damaged by a fire truck at the intersection of *884Gramatan Avenue and Lincoln Avenue, Mount Vernon, New York.

In our opinion the judgment should be reversed and the claim dismissed. Vehicle and Traffic Law § 1104 entitled "Authorized emergency vehicles” is in pertinent part as follows:

"(a) The driver of an authorized emergency vehicle, when involved in an emergency operation,…