Legal Opinion

Ferrara v. Village of Chester

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 2008PublishedCited by 18 opinions

1Opinion of the Court

*720The manner in which a police officer operated his or her vehicle in responding to an emergency may form the basis of civil liability to an injured third party if the officer acted in reckless disregard for the safety of others (see Vehicle and Traffic Law § 1104 [e]; Criscione v City of New York, 97 NY2d 152, 156 [2001]; Saarinen v Kerr, 84 NY2d 494, 501 [1994]). The “reckless disregard” standard requires proof that the officer intentionally committed an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would…

2Cases cited7 opinions

  1. Saarinen v. KerrNew York Court of Appeals · 1994
  2. Campbell v. City of ElmiraNew York Court of Appeals · 1994
  3. Criscione v. City of New YorkNew York Court of Appeals · 2001
  4. McCarthy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  5. Spalla v. Village of BrockportAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by18 opinions

  1. Quintana v. WallaceAppellate Division of the Supreme Court of the State of New York · 2012
  2. Harsch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  3. Pope v. Safety & Quality Plus, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Gaudio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  5. Foster v. Suffolk County Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2016

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