Schaeffer v. DiDomenico

—Order unanimously affirmed with costs. Memorandum: Plaintiffs commenced this action to recover damages for injuries they sustained when their automobile was struck by a police vehicle driven by defendant, a Monroe County Deputy Sheriff. At the time of the accident, defendant was responding to a report of a fight in the vicinity. Defendant moved for summary judgment dismissing the complaint on the ground that he is immune from liability pursuant to Vehicle and Traffic Law § 1104.

Supreme Court properly denied that motion. Defendant failed to establish as a matter of law that he did not act in…