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Lawrence v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 711 (N.Y. App. Div. 1997)

Opinion

June 30, 1997

Appeal from the Supreme Court, Kings County (Feinberg, J.).


Ordered that the order is affirmed, with costs.

The plaintiffs' complaint was properly dismissed. The pleadings failed to set forth the particular Vehicle and Traffic Law provisions allegedly violated by the partner of the plaintiff police officer with respect to the operation of the radio motor patrol vehicle ( see, Zanghi v. Niagara Frontier Transp. Commn., 85 N.Y.2d 423, 441; Gibbons v. Ostrow, 234 A.D.2d 415; MacKay v. Misrok, 215 A.D.2d 734, 735; Hoey v. Kuchler, 208 A.D.2d 805). As for the Patrol Guide procedures allegedly violated, these are general guidelines for the operation of radio motor patrol vehicles that neither impose a clear legal duty nor constitute a well-developed body of law and regulations with positive commands mandating the performance or nonperformance of specific acts and therefore cannot serve as the predicate for an action pursuant to General Municipal Law § 205-e ( see, Desmond v. City of New York, 88 N.Y.2d 455, 464).

Sullivan, J.P., Pizzuto, Santucci and Joy, JJ., concur.


Summaries of

Lawrence v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 711 (N.Y. App. Div. 1997)
Case details for

Lawrence v. City of New York

Case Details

Full title:STEVEN LAWRENCE et al., Appellants, v. CITY OF NEW YORK, Respondent, et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1997

Citations

240 A.D.2d 711 (N.Y. App. Div. 1997)
659 N.Y.S.2d 101

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