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TATISHEV v. CITY OF NEW YORK

3943, 111377/06.

84 A.D.3d 656 (2011)

923 N.Y.S.2d 523

SERGEY TATISHEV et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided May 26, 2011.

After this appeal was argued, the Court of Appeals clarified that "the reckless disregard standard of care in Vehicle and Traffic Law § 1104 (e) only applies when a driver of an authorized emergency vehicle involved in an emergency operation engages in the specific conduct exempted from the rules of the road by Vehicle and Traffic Law § 1104 (b)" (Kabir v County of Monroe, 16 N.Y.3d 217

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