Legal Opinion

Frezzell v. City of New York

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

Decided April 23, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered April 14, 2011, which granted defendants’ motion for summary judgment dismissing the complaint, affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law in this action for personal injuries arising from a collision between two marked police cars being operated during an undisputed emergency operation. Defendants’ proof established that defendant Steve Tompos, a police officer, did not act in “reckless disregard for the safety of others” while operating his vehicle in the wrong…

2Cases cited5 opinions

  1. Saarinen v. KerrNew York Court of Appeals · 1994
  2. Gallagher v. McCurtyAppellate Division of the Supreme Court of the State of New York · 2011
  3. Rockhead v. TrocheAppellate Division of the Supreme Court of the State of New York · 2005
  4. Barraco v. DePewAppellate Division of the Supreme Court of the State of New York · 1969
  5. Gervasi v. PeayAppellate Division of the Supreme Court of the State of New York · 1998

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