SMELTS v. MELONI


5 Misc.3d 773 (2004)

784 N.Y.S.2d 834

MARK C. SMELTS, Plaintiff v. ANDREW MELONI, as Sheriff of Monroe County, et al., Defendants.

Supreme Court, Monroe County.

October 22, 2004.


Attorney(s) appearing for the Case

Daniel M. DeLaus, County Attorney (Howard A. Stark of counsel), for Andrew Meloni and another, defendants.

Faraci & Lange, LLP (Carol A. McKenna of counsel), for plaintiff.


OPINION OF THE COURT

RAYMOND E. CORNELIUS, J.

The plaintiff, Mark C. Smelts, has previously commenced separate personal injury actions, arising out of the same occurrence. On June 16, 2000, shortly after 4:00 a.m., plaintiff claims that Roy Terry, one of the named defendants, was operating a 1990 Chevrolet, at a high rate of speed, northbound on Alexander Street in the City of Rochester. Mr. Terry allegedly proceeded through a red light at the intersection...

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