FAJARDO v. CITY OF NEW YORK

2011-00510.

95 A.D.3d 820 (2012)

943 N.Y.S.2d 587

2012 NY Slip Op 3402

MARCIA FAJARDO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

While attempting to change lanes on Queens Boulevard, a vehicle operated by the plaintiff Marcia Fajardo (hereinafter Fajardo) was struck in the rear by a New York City Fire Department fire rescue truck that was responding to an emergency.

"[T]he reckless disregard standard of care in Vehicle and Traffic Law §...

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