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AYERS v. O'BRIEN

60 A.D.3d 27 (2008)

870 N.Y.S.2d 587

MARC A. AYERS, Respondent, v. JAMES E. O'BRIEN et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 31, 2008.

Attorney(s) appearing for the Case

Mitchell, Goris & Stokes, L.L.C., Cazenovia (Brendan J. Reagan of counsel), for appellants.

Cellino & Barnes, P.C., Amherst (Denis J. Bastible of counsel), for respondent.

CARDONA, P.J., LAHTINEN, KANE and MALONE JR., JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

Plaintiff is a Broome County Deputy Sheriff. While on duty one evening, he was traveling northbound on a two-lane road when he observed a southbound vehicle speeding. With the intent of making a U-turn to pursue the speeder, plaintiff pulled over to the right shoulder and activated his emergency lights. He then looked into his side view mirror and observed a northbound vehicle being driven by defendant Karin A. O'Brien...

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