Motion for Child Support in Justo Kelly as Administrator of the Estate of Sharlene Stinson, deceased v. City Of Yonkers, City Of Yonkers Police Department, P.O.Rocco Merrante, P.O.Joseph Dibennedetto, John Doe John Does/Jane Does 1-10| Trellis.Law

On December 08, 2016 a Motion-Secondary was filed involving a dispute between Justo Kelly As Administrator Of The Estate Of Sharlene Stinson, Deceased, and City Of Yonkers, City Of Yonkers Police Department, John Doe John Does Jane Does 1-10, P.O.Joseph Dibennedetto, P.O.Rocco Merrante, for Torts - Motor Vehicle in the District Court of Westchester County.

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FILED: WESTCHESTER COUNTY CLERK 11/14/2018 05:09 PM INDEX NO. 68582/2016
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 11/14/2018

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
________________________________ --------------x
JUSTO KELLY, as Administrator of the Index No.: 68582/2016
Estate of SHARLENE STINSON,

Plaintiff,

-against-

CITY OF YONKERS, CITY OF YONKERS
POLICE DEPARTMENT, ROCCO MERRANTE,
DOES"
JOSEPH DiBENNEDETTO and "JOHN
DOES"
And "JANE 1-10, said names

Being fictitious and presently unknown,

Defendants.
--------------------------------- --------------------------x

MEMORANDUM OF LAW IN SUPPORT
DEFENDANTS'
OF MOTION FOR SUMMARY JUDGMENT

TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
SEVEN SKYLINE DRIVE
HAWTHORNE, NEW YORK 10532

(914) 347-2600

Attorneys for Defendants
CITY OF YONKERS, CITY OF YONKERS
POLICE DEPARTMENT, ROCCO MERANTE
and JOSEPH DiBENEDETTO

Of Counsel:

Hillary J. Raimondi
J. Patrick Carley, III

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TABLEOFCONTENTS

PRELIMINARY STATEMENT.....................................................................................................1

STATEMENT OF FACTS..............................................................................................................3

PROCEDURAL HISTORY ..........................................................................................................19

The Complaint..........................................................................................................................19

Defendants'
Answer .................................................................................................................20

Related Action..........................................................................................................................21

ARGUMENT

POINT I

DEFENDANTS ARE ENTITLED TO SUMMARY
JUDGMENT ON PLAINTIFF'S FIRST AND SECOND
CAUSES OF ACTION.............................................................................................................23

A. Standard for Summary Judgment ........................................................................................23

Officers'
B. The Evidence Establishes that the Operation of
Their Police Vehicle Was Privileged Pursuant to New
York State Vehicle and Traffic Law §1104.........................................................................24

C. The Evidence Establishes that Plaintiff Cannot Meet the
Heightened Reckless Disregard Standard Applicable to

Police Motor Vehicle Pursuits.............................................................................................26

D. The Evidence Demonstrates that the Officers Did Not

Proximately Cause the Motor Vehicle Accident.................................................................34

POINT II

DEFENDANTS ARE ENTITLED TO SUMMARY JUDGMENT
ON PLAINTIFF'S THIRD CAUSE OF ACTION FOR
NEGLIGENT HIRING, TRAINING AND SUPERVISION...................................................36

POINT III

DEFENDANTS ARE ENTITLED TO SUMMARY JUDGMENT
ON PLAINTIFF'S FOURTH CAUSE OF ACTION FOR
NEGLIGENT ENTRUSTMENT OF A DANGEROUS INSTRUMENT...............................38

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CONCLUSION..............................................................................................................................40

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TABLE OF AUTHORITIE_S

Cases

Alvarez v. Prospect Hospital,
68 N.Y.2d 320, 508 N.Y.S.2d 923 (1986)................................................................................23

Bischoff v. City of New York,
2007 N.Y. Misc. LEXIS 4363 (Sup. Ct. Kings Cnty. May 14, 2007)......................................38

Brown v. Incorporated Vil. of Freeport,
49 Misc. 3d 1205(A), 26 N.Y.S.3d 212 (Sup. Ct. Nassau Cty. 2015)......................................34

Dibble v. Town of Rotterdam,
234 A.D.2d 733, 650 N.Y.S.2d 897 (3d Dep't passim
1996).......................................................

Dorsey v. City of Poughkeepsie,
275 A.D.2d 386, 712 N.Y.S.2d 604 (2d Dep't 2000)...............................................................31

Eifert v. Bush,
27 A.D.2d 950, 279 N.Y.S.2d 368 (2d Dep't 1967).................................................................36

Everett v. Eastchester Police Dept.,
127 A.D.3d 1131, 8 N.Y.S.3d 360 (2d Dep't 2015).................................................................36

Frezzel v. City of New York,
24 N.Y.3d 213, 997 N.Y.S.2d 367 (2014)................................................................................27

Fuchs v. City of New York,
57 Misc.3d 778, 60 N.Y.S.3d 654 (Sup. Ct. Kings Cnty. 2017) 29
........................................25,

Greenawalt v. Village of Cambridge,
67 A.D.3d 1158, 888 N.Y.S.2d 295 (3d Dep't 34
2009).........................................................26,

Jessop v. City of Niagara Falls,
(4d'
247 A.D.2d 902, 669 N.Y.S.2d 110 Dep't 1998)...............................................................34

Mfon v. County of Duchess,
2018 U.S. App. LEXIS 1859 (2d Cir. 35
2018)................................................................32,
33,

Mfon v. County of Dutchess,
2017 U.S. Dist. LEXIS 33971 (S.D.N.Y. Mar. 9, 2017)..........................................................33

iii

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Mullane v. City of Amsterdam,
212 A.D.2d 848, 622 N.Y.S.2d 346 (3d Dep't 1995)...............................................................34

Nurse v. City of New York,
56 A.D.3d 442, 867 N.Y.S.2d 486 (2d Dep't 2008).................................................................34

Powell v. City of Mount Vernon,
228 A.D.2d 572, 644 N.Y.S.2d 766 (2d Dep't 1996).............................................28,
29, 31, 32

Ronessa H. v. City of New York,
101 A.D.3d 947, 957 N.Y.S.2d 188 (2d Dep't 2012)...............................................................36

Saarinen v. Kerr,
84 N.Y.2d 494, 620 N.Y.S.2d 297 passim
(1994)........................................................................

Teitelbaum v. City of New York,
300 A.D.2d 649, 752 N.Y.S.2d 705 (2002)..............................................................................32

Troncoso v. Home Depot,
258 A.D.2d 644, 685 N.Y.S.2d 797 (2d Dep't 1999)...............................................................38

Turini v. County of Suffolk,
8 A.D.3d 260, 778 N.Y.S.2d 66 (2d Dep't 32
2004).........................................................25,
31,

Weingrad v. New York Univ. Med. Ctr.,
64 N.Y.2d 851, 487 N.Y.S.2d 316 (1985)................................................................................23

Zara v. Perzan,
185 A.D.2d 236, 586 N.Y.S.2d 139 (2d Dep't 1992)...............................................................38

Zuckerman v. City of New York,
49 N.Y.2d 557, 427 N.Y.S.2d 595 (1980)................................................................................23

Statutes

28 U.S.C. §1331.............................................................................................................................20

28 U.S.C. §1446.............................................................................................................................20

42 U.S.C. 21
§1983.......................................................................................................................20,

42 U.S.C. 21
§1985.......................................................................................................................20,

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42 U.S.C. § 21
1986......................................................................................................................20,

CPLR §3212 ....................................................................................................................................1

CPLR §3212(b)..............................................................................................................................23

New York Vehicle and Traffic Law §101 .....................................................................................24

New York Vehicle and Traffic Law §114-b..................................................................................25

New York Vehicle and Traffic Law §1104 passim
...........................................................................

Other Authorities

Prosser & Keeton, Torts §34 at 213 (5th ed).................................................................................26

Restatement Second of Torts §390................................................................................................38

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PRELIMINARY STATEMENT

This memorandum of law is respectfully submitted by defendants City of Yonkers, City of

Yonkers Police Department, Rocco Merante (i/s/h/a Rocco Merrante) and Joseph DiBenedetto

(i/s/h/a Joseph DiBennedetto) (collectively, "defendants"), in support of their motion for summary

judgment, dismissing, with prejudice, the complaint of plaintiff Justo Kelly, as Administrator of

the Estate of Sharlene Stinson ("plaintiff"), pursuant to CPLR §3212.

This action arises out of a tragic motor vehicle accident which took the life of Sharlene

Stinson. The accident occurred when infant J.C., who was driving a stolen vehicle, was evading

police, who were pursuing him as a result of suspected criminal activity. The vehicle driven by the

defendants never made contact with either of the motor vehicles involved in the accident. Rather,

the vehicle driven by infant J.C. suddenly increased its speed and drove into oncoming traffic,

directly causing a head-on collision with the vehicle driven by Ms. Stinson. The record is clear

that the pursuit lasted no more than two minutes over a distance of no more than 1.7 miles, with

m.p.h.1
an average speed of 52.4 The question herein is whether the defendants can be held civilly

liable for plaintiff's damages caused by such accident.

As set forth pursuant to the applicable and and well-
below, statutory authority long

established line of controlling case law, the defendants clearly are not liable for Ms. Stinson's

death. In protecting the public from crime and fulfilling their duties, police officers are afforded

wide discretion in the operation of their vehicles. When operating a police vehicle under the type

As discussed herein, any dispute as tothe speed of the vehicles isnot material. Police are authorized
to exceed the speed limit during an emergency operation and, as discussed below, the New York courts
have consistently held that allegations of a high rate of speed, or disputes regarding the speed of vehicles,
are not sufficient to overcome a summary judgment motion.

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of circumstances presented herein, such operation is privileged, and can only form the basis of

liability ifboth of the following elements are present: (1) the officers intentionally committed an

act of unreasonable character in disregard of a known or obvious risk that was so great as to make

ithighly probable that harm would follow, with conscious indifference to the outcome; and (2) the

officers'
operation of their police vehicle was the cause of the accident. Plaintiff is unable to satisfy

either element here.

The fact that a tragedy occurred as a result of the criminal activity and subsequent fatal

decisions of infant J.C. does not equate to liability on the part of the defendants. Indeed, as the

many cases addressing this issue hold, such liability is available only in the rarest of circumstances.

Holding the defendants liable for fulfilling their public duties in apprehending criminals and

preventing crime, and for the inevitable split second decisions that must be made while doing so,

would only serve to prevent the police from fulfilling those very duties. The claims against

defendants should therefore be dismissed, with prejudice.

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STATEMENT OF FACTS

On November 23, 2015, Officers Joseph DiBenedetto and Rocco Merante were employed

4d'
by the Yonkers Police Department ("YPD"), assigned to the Precinct, Sector 406, as patrol

officers. (Affirmation of Hillary J. Raimondi, dated November 14, 2018 ("Raimondi Aff."),

"H,"
Exhibit Affidavit of Joseph DiBenedetto, sworn to on May 31, 2018 ("DiBenedetto Aff."),

"K,"
at ¶2; Raimondi Aff. Exhibit Affidavit of Rocco Merante, sworn to on May 30, 2018

¶2).2
("Merante Aff."), at On November 23, 2015, Officers DiBenedetto and Merante worked the

4:00 pm to 12:00 am tour. (DiBenedetto Aff. at $4; Merante Aff. at ¶5). At the beginning of their

call" 4d'
tour, both Officers attended "roll at the Precinct. (DiBenedetto Aff. at ¶5; Merante Aff. at

Officers'
¶6). During roll call, the supervising sergeant advised that an older model white van that

had been previously reported as stolen had recently been spotted in the area involved in armed

¶6).3
robberies and/or larcenies. (DiBenedetto Aff. at ¶5; Merante Aff. at

After roll call concluded, Officers DiBenedetto and Merante went to their assigned police

vehicle (sometimes referred to herein as "radio car") so that they could begin their patrol of Sector

¶7).4
406. (DiBenedetto Aff. at ¶6; Merante Aff. at Radio Car 424 was a marked patrol car, painted

2
The affidavits submitted by Officers DiBenedetto and Merante in support of this motion were
prepared in connection with the suiliinary judgment motion filed by defendants in the related action
captioned S.L., an infant by her mother and natural guardian Christine Vargas and Christine Vargas v.
1-3,"
City of Yonkers, Yonkers Police Department, Rocco Merranti, Joseph DiBennedetto, "John Does
1-3"
"Jane Does and employees of the City ofYonkers and/or Yonkers Police Department, pending in the
Supreme Court, County of Westchester, bearing Index No. 67549/2016 ("the Vargas action"). Where

necessary, defendants have used the deposition testimony of Officers DiBenedetto and Merante to
supplement the record to address matters specific to this action.
3
The stolen white van discussed during roll call on November 23, 2015, was a 1997 white dodge
"N,"
van bearing license plate FZE4226. (Raimondi Aff. Exhibit Affidavit of Andrew Lane, sworn to on

May 31, 2018 ("Lane Aff."), at¶6).
4
While Officers DiBenedetto and Merante were typically assigned to Radio Car 406, that vehicle
was not available to them on November 23, 2015. (Merante Aff. at ¶7). As a result, the Officers were
assigned a back-up vehicle, Radio Car 424, on November 23, 2015. (Id.)
3

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white with a blue stripe on both sides. (Merante Aff. at ¶8; see also DiBenedetto Aff. at ¶6). The

"Police" Police"
word is painted in blue on the hood of the vehicle, and the words "Yonkers are

painted on both sides of the vehicle. (Id.). In addition, Radio Car 424 had a rack of emergency

lights attached to the top of the vehicle. (Id). Prior to leaving the precinct, the Officers inspected

Radio Car 424 to make sure, inter alia, that the lights and siren worked. (Merante Aff. at ¶8;

DiBenedetto Aff. at ¶6). On November 23, 2015, Officer Merante was the operator (i.e., driver) of

their radio car, while Officer DiBenedetto was the recorder (i.e.,passenger). (DiBenedetto Aff. at

¶7; Merante Aff. at ¶9).

On November 23, 2015, at approximately 4:15 pm, the YPD dispatcher broadcasted a

transmission over the police radio advising of a report of youths in a possibly stolen white van

attempting to break open a parking meter at 4 Schroeder Street, Yonkers, New York. (Raimondi

"P,"
Aff. Exhibit Certified Transcript dated May 25, 2018, of YPD Radio Transmissions from

Transcript,"
November 23, 2015 "Radio at p. 2; DiBenedetto Aff. at ¶8; Merante Aff. at ¶10; Lane

Aff. at ¶4). Officers DiBenedetto and Merante replied to dispatch that they would respond to the

scene as back-up. (DiBenedetto Aff. at ¶8; Merante Aff. at ¶10). At approximately 4:17 pm,

dispatch broadcasted a transmission over the radio with an update that the white van was an "older

back"
model, tinted windows, two windows on the side, one window in the and that the white van

Broadway." "P,"
had "just left...[and] went towards North (Raimondi Aff. Ex. Radio Transcript

at p. 3; Merante Aff. at ¶10; Lane Aff. at ¶4).

Thereafter, Officers DiBenedetto and Merante, while traveling south on North Broadway,

passed a white van traveling north on North Broadway that they believed matched the description

of the white van described by dispatch in connection with the call that they were responding to.

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(DiBenedetto Aff. at ¶¶9-10; Merante Aff. at ¶¶l 1-12). Neither Officer observed the license plate,

driver or occupants of the white van as they passed each other on North Broadway. (DiBenedetto

Aff. at ¶9; Merante Aff. at ¶l 1). After passing the white van on North Broadway, and conferring

with each other, Officers DiBenedetto and Merante decided to investigate the white van and

executed a U-turn on North Broadway so that they could follow the white van. (DiBenedetto Aff.

at ¶10; Merante Aff. at ¶12). At approximately 4:18 pm, Captain Andrew Lane broadcasted a

transmission over the radio advising that "there was a flyer out a few days ago white ford econo

line van frank zebra eddy four two two six. Supposed to be an active file youths in the area

rob."5
reportedly using it to (Lane Aff. at ¶7; DiBenedetto Aff. at ¶8; Merante Aff. at ¶12;

"P,"
Raimondi Aff. Ex. Radio Transcript at p. 4). In response to Captain Lane, the YPD dispatcher

broadcasted an instruction over the radio for all police units to be on the lookout for that "active

file." "P,"
(Raimondi Aff. Ex. Radio Transcript at p. 4).

The Officers then observed the white van turn left onto Lamartine Avenue. (DiBenedetto

Aff. at ¶l l ; Merante Aff. at ¶l3). The Officers, now driving north on North Broadway, proceeded

to and turned leftonto Lamartine. (Id). After the Officers turned onto Lamartine, they did not see

the white van driving on Lamartine. (Id). Knowing that the next intersections with Lamartine

Avenue were Lamartine Terrace and then Warburton Avenue, and believing that the white van

could not have reached either intersection in the period of time that ittook the Officers to turn onto

Lamartine, the Officers reduced the speed of their police vehicle and searched for the white van in

driveways and parking lots off of Lamartine. (Id ).Almost immediately, the Officers observed the

s one"
An "active file means that the referenced vehicle has been reported stolen. (See Lane Aff. at
p. 2 n.1; Merante Aff. at p. 5 n.1;DiBenedetto Aff. at p. 5 n. 1).
5

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white van in the parking lot of a church, the entrance to which was located on their left (i.e.,on the

south side of Lamartine). (DiBenedetto Aff. at ¶12; Merante Aff. at ¶l 4).Specifically, the Officers

observed the white van backed into a parking space and a group of individuals walking away from

the area of the white van in the opposite direction (i.e.,away from Lamartine). (Id).

The Officers pulled their police vehicle into the church parking lot to investigate further.

Officers'
(Merante Aff. at ¶l 5; DiBenedetto Aff. at ¶l3). Upon entering the parking lot, the police

vehicle was perpendicular to the white van. (1d ). The Officers drove slowly past the front of the

white van, with a distance of approximately 20 to 30 feet between the two vehicles. (Id). Neither

Officer observed anyone inside the white van as they drove by. (Id). Itwas at that time that Officer

DiBenedetto observed the license of the white van, and matched the license plate-FZE4226-to

that of the stolen vehicle that had been mentioned during roll call and by Captain Lane in his radio

transmission. (DiBenedetto Aff. at ¶l3). The Officers continued driving past the white van with

the intention of stopping their police vehicle near the group of individuals that they observed

walking away from the area of the white van, to further investigate. (Merante Aff. at 15;

DiBenedetto Aff. at ¶14). However, after Radio Car 424 drove past the white van, the Officers

observed the white van suddenly pull out of the parking spot, proceed to the church parking lot

exit and turn left onto Lamartine Avenue (i.e.,west towards the intersection with Warburton

Avenue). (Id).

The Officers immediately turned their police vehicle around and followed the white van

onto Lamartine Avenue. (Merante Aff. at ¶l 6; DiBenedetto Aff. at $15). At this time, at

approximately 4:20:11, Officer Merante made a radio transmission advising that the suspect

Warburton."
vehicle was "headed down Lamartine towards (Merante Aff. at ¶l 6; Raimondi Aff.

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"0," "B"
Exhibit Affidavit of John Mueller, sworn to on June 1, 2018 ("Mueller Aff."), Exhibit at

"P,"
YPD0110; Raimondi Aff. Ex. Radio Transcript at p. 4). When the suspect vehicle reached the

intersection with Warburton Avenue, it turned right onto Warburton and proceeded north.

(Merante Aff. at ¶l8; DiBenedetto Aff. at ¶l6). The Officers followed the suspect vehicle onto

Warburton Avenue. (Id).

Warburton Avenue is a two-lane street, with one lane in each direction, a double yellow

line, and a posted speed limit of 30 m.p.h. (Merante Aff. at ¶l9; DiBenedetto Aff. at ¶17).

Traveling north on Warburton from the Lamartine Avenue intersection, Warburton is flat and

straight, except for a slight bend in the wooded area between the Arthur Avenue and Odell Avenue

intersections. (DiBenedetto Aff. at $17). Shortly after the Officers turned onto Warburton, they

attempted to make a traffic stop of the suspect vehicle. (Merante Aff. at ¶20; DiBenedetto Aff. at

Officers'
¶l9). The basis for the traffic stop was the identification of the suspect vehicle as an

(Id).6
active file (i.e., stolen vehicle). When the Officers initiated the traffic stop, the suspect

vehicle was approximately three to six car lengths ahead of Radio Car 424 according to Officer

Merante (Merante Aff. at $20), and 50 to 100 feet ahead of Radio Car 424 according to Officer

¶l9).7
DiBenedetto. (DiBenedetto Aff. at There were no vehicles between them. (Merante Aff. at

¶20).

Although the Officers activated the emergency lights and siren on Radio Car 424, the

suspect vehicle did not pull over. (Merante Aff. at ¶21; DiBenedetto Aff. at ¶20). Instead, the

Initiating a trafficstop involves activating the police vehicle's emergency lights and siren,which
signals a suspect vehicle to pull over. (Merante Aff. at ¶20).
Officer DiBenedetto testified in terms of feet, while Officer Merante testified in terms of car
lengths.
7

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suspect vehicle accelerated away from the police vehicle, continuing north on Warburton Avenue

in the direction of the intersection with Glenwood Avenue. (Id). It was at this point-i.e., when

the suspect vehicle accelerated and refused to pull over-that Officers DiBenedetto and Merante

began to pursue the suspect vehicle. (Merante Aff. at ¶21; DiBenedetto Aff. at ¶20).

Pursuant to Paragraph 1 of the City of Yonkers Police Department Policy & Procedure

Pursuits,"8
Manual §120.7, titled "Vehicle a pursuit may be initiated under various circumstances,

including "[t]o apprehend suspects who have committed motor vehicle violations which are

others[,]"
continuing in nature and which present an extreme hazard to and "[t]o apprehend

felonies."
suspects who have committed serious (Mueller Aff. Exhibit "A"). Further, pursuant to

Paragraph 3 of §l20.7, the decision to initiate or continue a pursuit requires an evaluation of the

risks involved, including a consideration of: (a) the severity of the crime and the need to

immediately apprehend the suspect; (b) weather and road conditions; (c) visibility; (d) the volume

and speed of other vehicle traffic and the presence or absence of pedestrians; (e) the ability of the

operators involved in the pursuit to control their vehicles at the speeds they are being driven; (f)

the officer's familiarity with the area; (g) the physical conditions and types of vehicles involved in

the pursuit; and (h) the distance between the suspect's vehicle and the police vehicles involved in

the pursuit. (See Mueller Aff. Ex. "A").

According to Officers DiBenedetto and Merante, at the time they commenced their pursuit

of the suspect vehicle, and at all times during the pursuit, itwas daylight, the weather was dry,

The infonnation regarding YPD policies are provided herein for context only. As discussed below,
in cases involving the privileged operation of an authorized emergency vehicle, the relevant questions
involve the alleged recklessness of the officers driving the authorized emergency vehicle and not strict
compliance with departmental policies and procedures.
8

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they had clear visibility, and traffic-both vehicle and pedestrian-was light. (Merante Aff. at ¶37;

"R,"
DiBenedetto Aff. at ¶32; Lane Aff. at ¶10; Raimondi Aff. Exhibit Deposition Transcript of

Cesar Vera dated December 6, 2017 ("Vera Dep. Tr."), at pp. 67-68. In addition, Officers

DiBenedetto and Merante were familiar with Warburton Avenue and the surrounding area, having

4"'
been assigned to the Precinct (where the entire pursuit occurred) for three and one-half years

and four years, respectively. (DiBenedetto Aff. at ¶35; Merante Aff. at ¶40). Further, as discussed

in detail below, the Officers never lost visual contact of the suspect vehicle during the pursuit,

which was at all times directly in front of Radio Car 424 at a distance that varied between three

and eight car lengths according to Officer Merante (see Merante Aff. at ¶38), and between 50 and

100 feet according to Officer DiBenedetto. (See DiBenedetto Aff. at ¶33).

At approximately 4:20:21, Officer Merante made another radio transmission to dispatch

Warburton."
advising that the suspect vehicle was "north on (Merante Aff. at ¶21; Mueller Aff.

"B" "P,"
Ex. at YPD0110; Raimondi Aff. Ex. Radio Transcript at p. 5). After the suspect vehicle

refused to pull over and instead increased itsspeed on Warburton Avenue, the Officers similarly

increased their speed, and maintained a distance behind the suspect vehicle of six to seven car

lengths according to Officer Merante (see Merante Aff. at ¶22), and 50 feet according to Officer

DiBenedetto. (See DiBenedetto Aff. at ¶21). Radio Car 424 and the white van were traveling

between 30 and 45 m.p.h. at this point, and there were no vehicles between Radio Car 424 and the

suspect vehicle. (Merante Aff. at ¶22; DiBenedetto Aff. at ¶21). Surveillance footage obtained by

the Yonkers Police Department from 316 Warburton Avenue, Yonkers, New York, which is on

the east side of the street, shows the suspect vehicle traveling north on Warburton and passing 316

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Case Info

Judge

Gerald E Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

November 14, 2018

Case Filing Date

December 08, 2016

County

Parties

Burns & Harris Non Party
CARLEY, J. PATRICK Attorney for the Defendant
CARLEY, J. PATRICK Attorney for the Defendants
City of Yonkers Defendant
City of Yonkers Police Department Defendant
Gold, Steven Attorney for the Plaintiff
HARRIS, SETH A Attorneys for Plaintiffs
ISAAC, BRIAN J. Attorney for the Plaintiff
John Doe John Does/Jane Does 1-10 Defendant
Justo Kelly as Administrator of the Estate of Sharlene Stinson, deceased Plaintiff
MARBER, PAUL A Attorney for the Plaintiff
P.o.joseph Dibennedetto Defendant
P.o.rocco Merrante Defendant
RAIMONDI, HILLARY JACOBS Attorney for the Defendant
RAIMONDI, HILLARY JACOBS Attorney for the Defendants
ROLLE, LISA M Attorney for the Defendant
JASON KAUFER Attorney
MICHAEL CURTI Attorney
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Motion-Secondary: Justo Kelly as Administrator of the Estate of Sharlene Stinson, deceased v. City Of Yonkers, City Of Yonkers Police Department, P.O.Rocco Merrante, P.O.Joseph Dibennedetto, John Doe John Does/Jane Does 1-10

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