Opinion
June 4, 1998
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
On May 28, 1994 at about 6:00 P.M., a patrol car driven by two housing police officers, responding to an emergency radio run, collided with a vehicle driven by defendant Roche and owned by defendant Arroyo, as a result of which the police car jumped a curb and hit the infant plaintiffs. The parties dispute whether the police car had both lights and siren on at the time of the impact, whether Roche had cut in front of the speeding police car and how fast the police car was traveling in the crowded commercial district, all factors relevant to the issue whether the officers drove with due regard for the safety of the pedestrians or acted with reckless disregard ( Campbell v. City of Elmira, 84 N.Y.2d 505; cf., Saarinen v. Kerr, 84 N.Y.2d 494, 499; cf., Szczerbiak v. Pilat, 90 N.Y.2d 553; Vehicle and Traffic Law § 1104 Veh. Traf.). Hence, viewing the evidence in a light most favorable to the parties opposing summary judgment ( McLaughlin v. Thaima Realty Corp., 161 A.D.2d 383), we find that factual controversies exist requiring trial.
Concur — Rosenberger, J. P., Wallach, Tom and Saxe, JJ.