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McGee v. Bartels

Liability Found Against Police Officer Who Injured Plaintiff While Opening Car Door

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 were read on this motion to/for JUDGMENT — SUMMARY. DECISION + ORDER ON MOTION Plaintiff Gerard McGee (“Plaintiff”) moves, pursuant to CPLR §3212, for partial summary judgment on the issue of liability and, pursuant to CPLR §3211(b), for an order striking the Defendants’ affirmative defenses relating to Plaintiff’s alleged comparative fault. Defendants, the City of New York (the “City”), the New York City Police Department (“NYPD”), Officer Stephen Bartels (“Officer Bartels”), and Officer Andrea Sanchez (“Officer Sanchez”) (collectively identified as “Defendants”) oppose the motion. For the reasons stated herein, Plaintiff’s motion is granted in part. BACKGROUND On November 12, 2022, Plaintiff was riding a pedal-assisted electric bicycle northbound on Pitt Street and Delancey in the City and County of New York when he was struck by a car door (NYSCEF Doc No. 14, Statement of material facts 6). Pitt Street has two northbound lanes and Defendants were double-parked in the east lane when Officer Sanchez opened the front passenger door and collided with Plaintiff (id. 11). Upon contact, Plaintiff flew over the door and sustained personal injuries (id.

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