ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

January 08, 2014

Injured police officer sues persons alleged to have caused her injury pursuant to General Municipal Law §205-e


Injured police officer sues persons alleged to have caused her injury pursuant to General Municipal Law §205-e
2014 NY Slip Op 00077, Appellate Division, First Department

A New York City police officer alleged she was injured in a motor vehicle accident while she was a passenger in an unmarked police car that was being driven by another New York City police officer. She sued under color of General Municipal Law §205-e.

Essentially §205-e of the General Municipal Law gives certain injured police officers the right to sue the person or persons alleged to be guilty of “causing any accident, causing injury, death or a disease which results in death, that occurs directly or indirectly as a result of any neglect, omission, willful or culpable negligence” because of the person’s or persons’ failing to comply with the relevant of any law, rule or regulation. The person or persons guilty of said neglect, omission, willful or culpable negligence at the time of such injury is liable to pay damages to the injured officer.

Supreme Court, New York County*denied the defendant’s motion for summary judgment dismissing the General Municipal Law §205-e claims predicated upon their alleged violation of the Vehicle and Traffic Law. The Appellate Division affirmed the Supreme Court’s ruling.

According to the Appellate Division’s decision, the injured officer testified that the officer driving the unmarked vehicle had double-parked the vehicle in order to observe two suspects and that they were sitting at the accident location approximately 15 to 20 minutes before they were struck from behind by a codefendants' minivan.

In addition, said the court, the police officer driving the vehicle had testified that he had double-parked the police vehicle in order to investigate a suspect, which is not an "emergency operation" as defined by Vehicle and Traffic Law § 1104(a).

* The Supreme Court’s decision, setting out the fact in this action, is posted on the Internet at http://www.nycourts.gov/reporter/pdfs/2012/2012_32185.pdf

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2014/2014_00077.htm
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com