Legal Opinion
Banks v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 2012PublishedCited by 5 opinions
1Opinion of the Court
The court properly charged the jury with determining whether, at the time of the accident, defendant police officer was “involved in an emergency operation” of an authorized emergency vehicle, pursuant to Vehicle and Traffic Law § 1104 (a). The officer’s operation of his vehicle while investigating a person who, from a truck, made a hand motion and may have waved to the police is not one of the vehicular operations specifically listed in Vehicle and Traffic Law § 114-b as an “emergency operation.” Plaintiff on the other hand denied seeing the truck. Thus, whether it was an emergency operation…
2Cases cited9 opinions
- McDougald v. GarberNew York Court of Appeals · 1989
- Criscione v. City of New YorkNew York Court of Appeals · 2001
- Freeman v. KirklandAppellate Division of the Supreme Court of the State of New York · 1992
- McDougald v. GarberAppellate Division of the Supreme Court of the State of New York · 1988
- McDermott v. Alvey, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Quintero v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Coleman v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
- Alcantara-Pena v. ShanahanAppellate Division of the Supreme Court of the State of New York · 2019
- Cioffi v. S.M. Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- Quintero v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014