Martinez v. City of Buffalo

Appeal and cross appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered November 9, 2015. The order denied that part of the motion of plaintiff seeking summary judgment on the issue of negligence, granted that part of the motion of plaintiff seeking summary judgment on the issue of serious injury and determined that the reckless disregard standard of Vehicle and Traffic Law § 1103 (b) applies in this case.

*1470It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the second ordering paragraph and by denying plaintiff’s…