Kabir v. County of Monroe

Martoche and Peradotto, JJ.

(dissenting). We respectfully dissent and would affirm because we do not agree with the majority’s conclusion that the “reckless disregard” standard of liability is not applicable to this action (see Vehicle and Traffic Law § 1104 [e]).

On the afternoon of September 20, 2004, defendant John DiDomenico, a Monroe County Deputy Sheriff (hereafter, Deputy), was on routine patrol in a marked police vehicle when he received a radio dispatch to respond to a report of a stolen vehicle in Henrietta. While the Deputy was responding to that dispatch, he received a second radio…