Opinion
2001-08401
Submitted April 10, 2002.
May 13, 2002.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Orange County (McGuirk, J.), dated August 22, 2001, which denied their motion for summary judgment dismissing the complaint.
Monte J. Rosenstein, Middletown, N.Y., for appellants.
Larkin, Axelrod, Trachte Tetenbaum, LLP, Newburgh, N.Y. (James Alexander Burke of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
The plaintiff was injured when a vehicle he was driving was struck by an emergency vehicle driven by the defendant Gerald Marlatt, a police officer. We agree with the Supreme Court that there are questions of fact as to whether Marlatt acted with reckless disregard for the safety of others (see Baines v. City of New York, 269 A.D.2d 309; Gordon v. County of Nassau, 261 A.D.2d 359).
SANTUCCI, J.P., SMITH, KRAUSMAN, H. MILLER and ADAMS, JJ., concur.