14 Cited authorities

Alvarez v. Prospect Hosp
68 N.Y.2d 320 (N.Y. 1986) Cited 21,156 times 8 Legal Analyses
Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
Saarinen v. Kerr
84 N.Y.2d 494 (N.Y. 1994) Cited 404 times 3 Legal Analyses
Holding that a standard of "reckless disregard for the safety of others" required evidence that defendant had engaged in conduct "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 follow and ha[d] done so with conscious indifference to the outcome"
Criscione v. City of New York
97 N.Y.2d 152 (N.Y. 2001) Cited 123 times
In Criscione, a police officer was involved in a car accident while responding to a dispatch call to investigate a family dispute.
Galapo v. City of New York
95 N.Y.2d 568 (N.Y. 2000) Cited 91 times
In Galapo v. City of New York, 95 N.Y.2d 568 (2000), the New York Court of Appeals addressed the issue of what constitutes a statute, ordinance, or rule which can serve as the basis for an action under GML 205-e.
Gonzalez v. Iocovello
93 N.Y.2d 539 (N.Y. 1999) Cited 76 times
Holding that Vehicle and Traffic Law § 1104(e) could serve as a predicate for liability because it did not absolve operators of emergency vehicles of liability for “reckless disregard for the safety of others”
Cooper v. City of New York
619 N.E.2d 369 (N.Y. 1993) Cited 84 times
Holding that the firefighter's rule applied to bar a suit brought by one officer for injuries sustained in the course of responding to a 911 call, as a result of the negligent driving of a fellow officer
Badalamenti v. City of New York
30 A.D.3d 452 (N.Y. App. Div. 2006) Cited 36 times
2005-01492. June 13, 2006. In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mega, J.), dated January 24, 2005, which granted the defendants' motion for summary judgment dismissing the complaint. DiJoseph Portegello, P.C., New York, N.Y. (Arnold E. DiJoseph III, and Norman I. Lida of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Ellen Ravitch of counsel), for
Johnson v. Lutz
253 N.Y. 124 (N.Y. 1930) Cited 345 times
Holding that a police officer's report memorializing statements made by bystanders without personal knowledge of the facts was properly excluded from trial under a newly enacted state statute
Corallo v. Martino
58 A.D.3d 792 (N.Y. App. Div. 2009) Cited 17 times
No. 2007-10494. January 27, 2009. In an action to recover damages for personal injuries, etc., the defendants Paul Martino, Staten Island Rapid Transit Operating Authority, City of New York Metropolitan Transportation Authority, and New York City Transit Authority appeal from an order of the Supreme Court, Richmond County (Gigante, J.), dated October 5, 2007, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them. Morris Duffy Alonso Faley, New York
Burrell v. New York
49 A.D.3d 482 (N.Y. App. Div. 2008) Cited 17 times
In Burrell, issues of fact existed regarding whether the police vehicle had its siren and lights on and whether the officer accelerated or slowed down while approaching the intersection in order to properly account for pedestrians and motorists.

Kent Frezzell, Appellant,v.City of New York, et al., Respondents.

14 Cited authorities

Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

In Criscione, a police officer was involved in a car accident while responding to a dispatch call to investigate a family dispute.

In Galapo v. City of New York, 95 N.Y.2d 568 (2000), the New York Court of Appeals addressed the issue of what constitutes a statute, ordinance, or rule which can serve as the basis for an action under GML 205-e.

Holding that Vehicle and Traffic Law § 1104(e) could serve as a predicate for liability because it did not absolve operators of emergency vehicles of liability for “reckless disregard for the safety of others”

Holding that the firefighter's rule applied to bar a suit brought by one officer for injuries sustained in the course of responding to a 911 call, as a result of the negligent driving of a fellow officer

Holding that a police officer's report memorializing statements made by bystanders without personal knowledge of the facts was properly excluded from trial under a newly enacted state statute

In Burrell, issues of fact existed regarding whether the police vehicle had its siren and lights on and whether the officer accelerated or slowed down while approaching the intersection in order to properly account for pedestrians and motorists.