Dorsey v. City of Poughkeepsie, 275 A.D.2d 386 (N.Y. App. Div. 2000). · Go Syfert
Dorsey v. City of Poughkeepsie, 275 A.D.2d 386 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Fuchs v. City of New York (nysupct, 2017-09-11)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Fuchs v. City of New York
N.Y. Sup. Ct. · 2017 · confidence medium
(Turini v County of Suffolk, 8 AD3d 260, 262 [2d Dept 2004]; Dorsey v City of Poughkeepsie, 275 AD2d 386, 387 [2d Dept 2000].) Plaintiff nevertheless contends that P.O.
discussed Cited as authority (rule) Turini v. County of Suffolk
N.Y. App. Div. · 2004 · confidence medium
Contrary to the plaintiffs contentions, conduct which violates provisions of the Vehicle and Traffic Law relating to maximum rate of speed, lane-changing procedures, and other rules of the road does not, standing alone, render the operator of an emergency vehicle reckless or provide an independent basis for liability (see Szczerbiak v Pilot, 90 NY2d 553, 557 [1997]; Saarinen v Kerr, supra; Salzano v Korba, 296 AD2d 393, 394 [2002]; Dorsey v City of Poughkeepsie, 275 AD2d 386, 387 [2000]; Naue v Higgins, 242 AD2d 567, 568 [1997]; Powell v City of Mount Vernon, supra at 573).
discussed Cited "see" Spalla v. Village of Brockport
N.Y. App. Div. · 2002 · signal: see · confidence high
Furthermore, the conduct of the officers in exceeding the speed limit “cannot alone constitute a predicate for liability, since it is expressly privileged under Vehicle and Traffic Law § 1104 (b) (3)” (Saarinen, 84 NY2d at 503 ; see Dorsey v City of Poughkeepsie, 275 AD2d 386, 387 , lv denied in part and dismissed in part 96 NY2d 789 ; Powell v City of Mount Vernon, 228 AD2d 572, 573-574 , l v denied 89 NY2d 807 ).
Retrieving the full opinion text from the archive…
Shirley Dorsey
v.
City of Poughkeepsie
Appellate Division of the Supreme Court of the State of New York.
Aug 21, 2000.
275 A.D.2d 386
2000 N.Y. App. Div. LEXIS 8843
Cited by 6 opinions  |  Published

—In[*387] an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Hillery, J.), dated March 30, 1999, which, inter alia, granted the motion of the defendants City of Poughkeepsie and City of Poughkeepsie Police Department for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The plaintiffs allegedly sustained injuries when a vehicle operated by a criminal suspect being pursued by a City of Poughkeepsie police officer collided with their car. The plaintiffs contend that a question of fact exists as to whether the police acted negligently and/or recklessly by engaging in the chase, and failing to discontinue the pursuit when the suspect’s vehicle entered a residential area.

When a police officer is in pursuit of a suspected lawbreaker, the officer’s conduct may not form the basis of civil liability to a third person unless the officer acts in reckless disregard for the safety of others (see, Vehicle and Traffic Law § 1104; Saarinen v Kerr, 84 NY2d 494; Williams v City of New York, 240 AD2d 734). This standard of recklessness has been interpreted to mean that the officer must have “ Intentionally done an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow’ and has done so with conscious indifference to the outcome” (Saarinen v Kerr, supra, at 501; see, Mulligan v City of New York, 245 AD2d 277).

There is no evidence that the police officer acted in a reckless manner. Although the plaintiffs contend that the officer may have been speeding during some part of the pursuit, under the circumstances of this case “that conduct certainly cannot alone constitute a predicate for liability” (Saarinen v Kerr, supra, at 503; see, Powell v City of Mount Vernon, 228 AD2d 572). Furthermore, there is no merit to the plaintiffs’ contention that the municipal defendants are liable because a police lieutenant negligently failed to call off the pursuit. The municipal defendants are immune from tort liability based upon a discretionary decision made by a supervisory officer (see, Tango v Tulevech, 61 NY2d 34). In any event, there is no evidence in the record to suggest that the lieutenant was negligent in not calling off the pursuit. Accordingly, the Supreme Court properly granted the respondents’ motion for summary judgment dismissing the complaint insofar as asserted against them. Bracken, J. P., O’Brien, Krausman and Goldstein, JJ., concur.