Opinion
February 4, 1991
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the order is affirmed, with costs.
The plaintiff, a Nassau County Police Officer, was injured in an intersection collision with the defendant while the officer was attempting to apprehend a third party whom he was pursuing for an alleged violation of the Vehicle and Traffic Law. Since the officer's services were sufficiently separate and apart from the negligent acts which caused his injuries (Starkey v Trancamp Contr. Corp., 152 A.D.2d 358; Guadagno v Baltimore Ohio R.R. Co., 155 A.D.2d 981), the holding of Santangelo v State of New York ( 71 N.Y.2d 393) does not preclude the plaintiffs from recovering damages for the injuries sustained in this case. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.