Deleon v. New York City Sanitation Department

I dissent because I disagree with the majority’s premise that the reckless disregard standard of care set forth under Vehicle and Traffic Law § 1103 (b) does not apply to this case. On the contrary, the reckless disregard standard does apply because Vehi*406ele and Traffic Law § 1103 was incorporated by Rules of the City of New York (34 RCNY) § 4-02 (d) (1) (iv) as it existed at the time of the parties’ accident.

This case involves an October 2010 collision between plaintiffs vehicle and a mechanical street sweeper that was being operated by defendant Robert P. Falcaro, a city sanitation worker.…