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McANDREWS v. CITY OF NEW YORK

100 N.Y.2d 603 (2003)

801 N.E.2d 371

769 N.Y.S.2d 151

WILLIAM McANDREWS et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

Court of Appeals of the State of New York.

Decided September 16, 2003.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Ellen Ravitch of counsel), for appellants.

Kuharski & Levitz, LLP, New York City (Lonny R. Levitz of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted for a new trial.

Despite defendant's timely request, the trial court did not adequately charge the jury concerning the standard of conduct actionable under Vehicle and Traffic Law § 1104 (e). The statutory recklessness standard is exacting (see Saarinen v Kerr,

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