55 NY2D 924 - Simmen v. State

How this case has been cited

Cited by 3 later decisions — most recently November 2000

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *926OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division dismissing the claims should be affirmed, with costs.

¶4On the basis of our review of the record (NY Const, art VI, § 3, subd a; CPLR 5501, subd [b]), we conclude that the weight of the credible evidence supports the determination of the Appellate Division that the conduct of the police officer while in pursuit of another vehicle was not unreasonable under the circumstances and, therefore, no liability can be imputed to the State.

¶5Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

¶6Order affirmed.