Tatishev v. City of New York

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 28, 2009, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

After this appeal was argued, the Court of Appeals clarified that “the reckless disregard standard of care in Vehicle and Traffic Law § 1104 (e) only applies when a driver of an authorized emergency vehicle involved in an emergency operation engages in the specific conduct exempted from the rules of the *657road by Vehicle and Traffic Law § 1104 (b)” (Kabir v County of Monroe, 16 NY3d 217, 220…