New York Court of Appeals
Yasmin Kabir v. County of Monroe
February 17, 201116 N.Y.3d 217
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that Vehicle and Traffic Law § 1104(e)’s reckless‑disregard standard applies only when a driver of an authorized emergency vehicle engages in conduct expressly privileged under § 1104(b); otherwise liability is governed by ordinary negligence. The Court also affirmed the partial summary‑judgment on liability for the plaintiff. Justice Graffeo dissented, arguing that the reckless‑disregard standard should apply to all emergency‑vehicle conduct.