Opinion
2012-01-31
Lester GONZALEZ, Plaintiff–Appellant, v. CITY OF NEW YORK, et al., Defendants–Respondents,George Alvarez, et al., Defendants.
Weiner & Strauss, LLP, Nanuet (Neil S. Weiner of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for respondents.
Weiner & Strauss, LLP, Nanuet (Neil S. Weiner of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for respondents.
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 10, 2011, which granted defendants-respondents' motion for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion denied.
Defendant Duffy was driving a fire truck to the scene of an emergency when the truck collided with a van, injuring plaintiff, a passenger in the van. The record shows that Duffy had stopped on Third Avenue and was turning right onto 68th Street, with the traffic light in his favor, when the fire truck hit the van. Duffy was not engaged in any of the specific conduct that the driver of an authorized emergency vehicle in an emergency operation is permitted by Vehicle and Traffic Law § 1104(b). He was not stopping, standing or parking in violation of the rules of the road, proceeding past a red signal or stop sign, speeding, or proceeding in the wrong direction or making an unlawful turn. Thus, his conduct is governed not by the reckless disregard standard of care in Vehicle and Traffic Law § 1104(e) but by ordinary negligence principles ( Kabir v. County of Monroe, 16 N.Y.3d 217, 920 N.Y.S.2d 268, 945 N.E.2d 461 [2011]; Tatishev v. City of New York, 84 A.D.3d 656, 657, 923 N.Y.S.2d 523 [2011] ).