Opinion
2002-01863
Argued June 17, 2003.
September 22, 2003.
In an action to recover damages for personal injuries, the defendants County of Nassau, Police Department of Nassau County, Edward Hughes, and Rene Yao appeal from an interlocutory judgment of the Supreme Court, Nassau County (Segal, J.), entered February 15, 2002, which, upon a jury verdict, is in favor of the plaintiff Robin Goldstein and against the defendants County of Nassau, Police Department of Nassau County, and Edward Hughes on the issue of liability.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (David B. Goldin and Gerald R. Podlesak of counsel), for appellants.
Sullivan Papain Block McGrath Cannavo, P.C., New York, N.Y. (Robert G. Sullivan, Brian J. Shoot, and Stephen C. Glasser of counsel), for plaintiff-respondent.
Before: NANCY E. SMITH, J.P., DANIEL F. LUCIANO, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the appeal by the defendant Rene Yao is dismissed, as that defendant is not aggrieved by the interlocutory judgment appealed from ( see CPLR 5511); and it is further,
ORDERED that the interlocutory judgment is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff-respondent.
Based on the evidence adduced at trial, it cannot be said that the jury verdict finding that the appellants County of Nassau, Police Department of Nassau County, and Edward Hughes (hereinafter the appellants) were liable because their emergency vehicle violated Vehicle and Traffic Law § 1104(e) was "utterly irrational" ( Campbell v. City of Elmira, 84 N.Y.2d 505; see Saarinen v. Kerr, 84 N.Y.2d 494; Cohen v. Hallmark Cards, 45 N.Y.2d 493; Gordon v. County of Nassau , 261 A.D.2d 359).
The appellants' remaining contentions are without merit.
SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.