Opinion
June 30, 1997
Appeal from the Supreme Court, Kings County (Greenstein, J.).
Ordered that the separate appeals by the defendants Anthony L. Gatto and Brooklyn Union Gas Company are dismissed as abandoned; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the plaintiff is awarded one bill of costs, payable by the defendants City of New York and Richard Pfluger.
The plaintiff police officer commenced this action to recover damages for personal injuries based upon common-law negligence after he was injured when a police vehicle owned by the defendant City of New York and operated by the defendant Police Officer Richard Pfluger, and in which he was a passenger, was involved in an accident with a vehicle operated by the defendant Anthony L. Gatto and owned by the defendant Brooklyn Union Gas Company. The plaintiff thereafter sought leave to amend the complaint to add a cause of action pursuant to General Municipal Law § 205-e.
Contrary to the City's contention, Vehicle and Traffic Law § 1144 (b) may serve as the predicate for an action pursuant to General Municipal Law § 205-e ( see, Kelly v. City of New York, 240 A.D.2d 709 [decided herewith]; Malsky v. Towner, 196 A.D.2d 532; Constantini v. Bendetto, 190 A.D.2d 888). Accordingly, the Supreme Court properly granted the plaintiff leave to amend the complaint.
Rosenblatt, J.P., Miller, Thompson and Friedmann, JJ., concur.