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Cox v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 809 (N.Y. App. Div. 1987)

Opinion

June 29, 1987

Appeal from the Supreme Court, Westchester County (Walsh, J.).


Ordered that the order is affirmed, with costs.

An ambulance owned and operated by the defendant EVAC, Inc., responded to a request for emergency assistance at a restaurant. As they exited the ambulance, the emergency workers left its engine running and the key in the ignition to keep the oxygen supply from freezing in the cold weather, to keep the interior of the ambulance warm for the injured person, and to help ensure that the ambulance engine would not stall upon departure to the hospital. While they were inside rendering assistance, the defendant Richard Kelly stole the ambulance and drove it in a reckless manner, causing the death of the plaintiff's decedent.

We agree with Special Term that EVAC, Inc. is entitled to summary judgment under these circumstances, since an ambulance is an emergency vehicle which is exempt from the provisions of Vehicle and Traffic Law § 1210 (a) which require a driver to turn off his car's engine and remove the keys when leaving the vehicle unattended (see, Vehicle and Traffic Law §§ 101, 1104 [b] [1]). Mangano, J.P., Niehoff, Kooper and Spatt, JJ., concur.


Summaries of

Cox v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 809 (N.Y. App. Div. 1987)
Case details for

Cox v. Kelly

Case Details

Full title:MARJORIE COX, as Administratrix of the Estate of JOSEPH COX, Deceased…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 29, 1987

Citations

131 A.D.2d 809 (N.Y. App. Div. 1987)