

Fernandez v City of New York (2018 NY Slip Op 06470)





Fernandez v City of New York


2018 NY Slip Op 06470


Decided on October 2, 2018


Appellate Division, First Department


Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.


This opinion is uncorrected and subject to revision before publication in the Official Reports.



Decided on October 2, 2018

Manzanet-Daniels, J.P., Tom, Webber, Oing, JJ.


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[*1]Steve Fernandez,	 Plaintiff-Respondent,
vThe City of New York, Defendant-Respondent, Eric J. Feliciano, Defendant-Appellant.


Keane & Bernheimer, PLLC, Valhalla (Connor Fallon of counsel), for appellant.
Decolator, Cohen & DiPrisco, LLP, Garden City (Joseph L. Decolator of counsel), for Steve Fernandez, respondent.
Zachary W. Carter, Corporation Counsel, New York (Jason Anton of counsel), for The City of New York, respondent.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered on or about June9, 2017, which denied defendant Feliciano's motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.
Plaintiff, a New York City police officer, alleges that he sustained serious injuries to his left foot and ankle as the result of a motor vehicle incident in which he was involved while on duty. Specifically, he testified that the police cruiser which he was driving was struck head-on by a vehicle driven by defendant Feliciano, an alleged drunk driver, as the latter was attempting to enter the Major Deegan Expressway. Plaintiff further testified that another police car arrived shortly after, and, as he was attempting to enter that patrol cruiser in order to pursue defendant, the patrol car ran over his left foot, which sustained a fracture. Plaintiff