Opinion
Argued November 13, 1985
Decided December 19, 1985
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Thomas J. Lowery, Jr., J.
Robert Abrams, Attorney-General (Michael S. Buskus, Robert Hermann and Peter H. Schiff of counsel), for appellant.
Sheldon Hurwitz and Paul J. Suozzi for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
State Police urgently invoking the assistance of a Thruway toll collector to stop a fleeing vehicle owe a duty of due care to assure that compliance with their request does not expose the individual to a reasonably foreseeable risk of harm (see, Thain v City of New York, 35 A.D.2d 545, affd 30 N.Y.2d 524; Schuster v City of New York, 5 N.Y.2d 75, 81, 84; Lubelfeld v City of New York, 4 N.Y.2d 455). The affirmed findings, supported by the record, that this duty was breached and that such breach was a proximate cause of injury are beyond our review (Humphrey v State of New York, 60 N.Y.2d 742).
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.
Order affirmed, with costs, in a memorandum.