Summary
holding failure by pursuing police officers to operate their lights and siren during pursuit was a concurrent proximate cause of the collision between the plaintiff and the pursued vehicle
Summary of this case from Stanley v. City of IndependenceOpinion
Argued January 5, 1972
Decided February 10, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BENJAMIN BRENNER, J.
J. Lee Rankin, Corporation Counsel ( Alfred Weinstein and Stanley Buchsbaum of counsel), for appellant.
Seymour Madow, Howard Shakin, Moe Levine and Aaron J. Broder for Thomas and Genevieve Coppola, respondents.
Bernard P. McSherry for Bruce W. Thain, respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judges SCILEPPI and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.