Legal Opinion
Brown v. Ellis
Civil Court of the City of New York
Decided November 9, 1989PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Frank V. Ponterio, J.
On July 31, 1985 plaintiff Roger Brown was on duty as a New York City police officer, assigned to speed enforcement in an unmarked car. During his pursuit of a speeding violator, defendant Ellis, a collision took place between the vehicles of defendant Ellis and codefendant Harrington. To avoid this accident in front of him, plaintiff swerved and collided with a utility pole, suffering concededly severe injuries.
Defendant Harrington now moves for summary judgment dismissing the complaint under the "fireman’s rule” as first applied to police officers by…
2Cases cited25 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Santangelo v. State of NYNew York Court of Appeals · 1988
- Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
- Kenavan v. City of New YorkNew York Court of Appeals · 1987
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by5 opinions
- Estate of Re v. Kornstein Veisz & WexlerDistrict Court, S.D. New York · 1997
- Durkin v. SheaDistrict Court, S.D. New York · 1997
- Ruotolo v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Santangelo v. StateNew York Court of Claims · 1990
- Ruotolo v. StateNew York Court of Claims · 1991