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SANTANA v. CITY OF NEW YORK

8498. 303324/13.

169 A.D.3d 578 (2019)

92 N.Y.S.3d 877

2019 NY Slip Op 01348

Ramona Santana, Appellant, v. City of New York et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 26, 2019.

The governmental function immunity doctrine does not apply in this case where plaintiff pedestrian was injured when she was struck by a police vehicle that was allegedly pursuing a vehicle that had committed a traffic infraction (see generally Valdez v City of New York, 18 N.Y.3d 69, 75-76 [2011]). Instead, where a plaintiff alleges that a municipality and/or its employees were negligent in the ownership or operation of an authorized...

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