| Gonzalez v City of New York |
| 2012 NY Slip Op 00651 [91 AD3d 582] |
| Jnury 31, 2012 |
| Appellate Division, First Department |
| Lester Gonzalez, Appellant, v City of New York et al.,Respondents, et al., Defendants. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), forrespondents.
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 10,2011, which granted defendants-respondents' motion for summary judgment dismissing thecomplaint as against them, unanimously reversed, on the law, without costs, and the motiondenied.
Defendant Duffy was driving a fire truck to the scene of an emergency when the truckcollided with a van, injuring plaintiff, a passenger in the van. The record shows that Duffy hadstopped on Third Avenue and was turning right onto 68th Street, with the traffic light in hisfavor, when the fire truck hit the van. Duffy was not engaged in any of the specific conduct thatthe driver of an authorized emergency vehicle in an emergency operation is permitted by Vehicleand Traffic Law § 1104 (b). He was not stopping, standing or parking in violation of therules of the road, proceeding past a red signal or stop sign, speeding, or proceeding in the wrongdirection or making an unlawful turn. Thus, his conduct is governed not by the reckless disregardstandard of [*2]care in Vehicle and Traffic Law § 1104 (e)but by ordinary negligence principles (Kabir v County of Monroe, 16 NY3d 217 [2011]; Tatishev v City of New York, 84AD3d 656, 657 [2011]). Concur—Tom, J.P., Sweeny, DeGrasse, Abdus-Salaam andManzanet-Daniels, JJ.