Opinion
June 30, 1997
Appeal from the Supreme Court, Kings County (Huttner, J.).
Ordered that the appeal by the defendant Steven A. Lelonek is dismissed as withdrawn, without costs or disbursements; and it is further,
Ordered that the order is affirmed insofar as appealed from by the defendants City of New York and Robert Willis, with costs.
The plaintiff police officer commenced this action in 1988 to recover damages for personal injuries based on common-law negligence after he was injured when the patrol car in which he was a passenger collided with another vehicle operated by the defendant Steven A. Lelonek. In May 1995 he sought leave to amend the complaint to add a cause of action pursuant to General Municipal Law § 205-e, alleging violations by the defendants of various sections of the Vehicle and Traffic Law. The court granted the motion and the defendants appeal.
The Supreme Court properly granted the plaintiff's motion for leave to amend the complaint. Both Vehicle and Traffic Law §§ 1104 and 1144 are applicable on the facts of this case and can serve as statutory predicates for causes of action pursuant to General Municipal Law § 205-e ( see, Gleavy v. City of New York, 240 A.D.2d 700 [decided herewith]; Malsky v. Towner, 196 A.D.2d 532; Costantini v. Bendetto, 190 A.D.2d 888).
Rosenblatt, J.P., Miller, Thompson and Friedmann, JJ., concur.