Opinion · New York Court of Appeals

Simmen v. State

55 N.Y.2d 924

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1982-02-11
Topic
international-arbitration

*926OPINION OF THE COURT Memorandum. The order of the Appellate Division dismissing the claims should be affirmed, with costs. On 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. Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum. Order affirmed.

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*926 OPINION OF THE COURT

Memorandum.

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

On 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.

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

Order affirmed.