Summary
In Mattera v. Avis Rent A Car System, Inc., 245 AD2d 274, 665 NYS2d 94 (2nd Dept 1997), plaintiff's vehicle was struck by the unmarked police car driven by Detective Edward Snow, which was responding to the scene of a buy-and-bust operation where a suspect was being held.
Summary of this case from State Farm Mut. Auto. Ins. Co. v. Cnty. of Nassau & Carl TeushlerOpinion
December 1, 1997
Appeal from the Supreme Court, Kings County (Jackson, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
Jeremiah Kelleher, a New York City police detective, was a passenger in a car driven by another detective, Edward Snow, responding to the scene of a buy-and-bust operation where a suspect was being held. Snow made a left turn and was struck by an oncoming vehicle driven by Edward Mattera. The detectives' car was unmarked and had no flashing lights or sirens operating.
The Supreme Court properly concluded that Snow's conduct in making a left turn in front of Mattera's oncoming vehicle was negligent as a matter of law ( see, Vehicle and Traffic Law § 1141; Lester v. Jolicofur, 120 A.D.2d 574; Kiernan v. Edwards, 97 A.D.2d 750; see also, Nunziata v. Birchell, 238 A.D.2d 555). On these facts, the privilege afforded to operators of authorized emergency vehicles engaged in an emergency operation pursuant to Vehicle and Traffic Law § 1104 is inapplicable ( cf., Williams v. City of New York, 240 A.D.2d 734); this was not such an emergency operation ( cf., Mulligan v. City of New York, 245 A.D.2d 277 [decided herewith]).
The appellants' remaining contentions are without merit.
Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.