Gervasi v. Peay

A violation of Vehicle and Traffic Law § 1104 is a statutory predicate for a cause of action by a fellow police officer under General Municipal Law § 205-e, as this Court recently recognized in Gonzalez v Iocovello (249 AD2d 143). To be entitled to summary judgment dismissing the complaint, a municipal defendant is required to demonstrate that the conduct of its employee is not reckless as a matter of law (Saarinen v Kerr, 84 NY2d 494, 503). Therefore, the defendant must establish that there is no reasonable view of the evidence by which a trier of fact could conclude that the operator of an…