The following excerpt is from Kabir v. County of Monroe, 16 N.Y.3d 217, 2011 N.Y. Slip Op. 01069, 920 N.Y.S.2d 268, 945 N.E.2d 461 (N.Y. 2010):
We followed the same approach in Szczerbiak v. Pilat, 90 N.Y.2d 553, 664 N.Y.S.2d 252, 686 N.E.2d 1346 (1997), a case similar to this case because it involved an allegation that an accident was caused by an officer momentarily removing his eyes from the roadway. There, while driving his police vehicle in response to a radio call of a fight in progress at a nearby location, a police officer struck and killed a teenager riding a bicycle. Just prior to the collision, the officer had
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