Tatishev v. City of New York, 84 A.D.3d 656 (N.Y. App. Div. 1st Dep't 2011). · Go Syfert
Tatishev v. City of New York, 84 A.D.3d 656 (N.Y. App. Div. 1st Dep't 2011). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 2 distinct courts.
Cited for
At page 657 Determining negligence when police conduct is not privileged5 citing casesroad by Vehicle and Traffic Law § 1104 (b)” (Kabir v County of Monroe, 16 NY3d 217, 220 [2011]). “Any other injury-causing conduct of such a driver is governed…opening of page *657 (no citing court says what it cites this page for)
  • Mulero v. Rollins, 2025 NY Slip Op 32018(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished
    Plaintiff states, and defendants seem to agree, that VTL § 1104 (b) is inapplicable here because Officer Rollins’ conduct - making a left turn onto the sidewalk at a slow speed and “not contrary to any restriction on movement or turning” -…
  • Fajardo v. City of New York, 95 A.D.3d 820 (N.Y. App. Div. 2d Dep't 2012).published
    Therefore, the driver of the fire rescue truck was not engaged in the specific conduct exempted from the rules of the road by Vehicle and Traffic Law § 1104 (b), and, thus, the principles of ordinary negligence apply (see Gonzalez v City o…
  • Gonzalez v. City of New York, 91 A.D.3d 582 (N.Y. App. Div. 2012).published
    Thus, his conduct is governed not by the reckless disregard standard of 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, 84 AD3d 65…
  • Katanov v. Cnty. of Nassau, 91 A.D.3d 723 (N.Y. App. Div. 2d Dep't 2012).published
    Here, the injury-causing conduct of the police officer, i.e., making a turn into a parking space located within the parking lot while traveling at approximately two miles per hour, did not fall within any of the categories of privileged co…
  • LoGrasso v. City of Tonawanda, 87 A.D.3d 1390 (N.Y. App. Div. 4th Dep't 2011).published
    Thus, the court properly concluded that his “injury-causing conduct ... is governed by the principles of ordinary negligence” (Ka bir, 16 NY3d at 220 ), and there are triable issues of fact in the record before us with respect to his alleg…
Retrieving the full opinion text from the archive…
Sergey Tatishev
v.
City of New York
Appellate Division of the Supreme Court of the State of New York.
May 26, 2011.
Published opinion
84 A.D.3d 656
Cited by 8 opinions  |  Published

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 28, 2009, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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[*657] road by Vehicle and Traffic Law § 1104 (b)” (Kabir v County of Monroe, 16 NY3d 217, 220 [2011]). “Any other injury-causing conduct of such a driver is governed by the principles of ordinary negligence” (id.). Here, the injury-causing conduct of the police driver — making a left turn at a green light, within the speed limit, and not contrary to any restriction on movement or turning — does not fall within any of the categories of privileged conduct set forth in Vehicle and Traffic Law § 1104 (b). Accordingly, plaintiffs’ claim is governed by principles of ordinary negligence, whether or not the police driver was responding to an emergency. Because the record presents a triable issue as to whether the police driver was negligent when his vehicle struck the pedestrian plaintiff in the crosswalk, we affirm the denial of defendants’ motion for summary judgment. Concur — Tom, J.E, Friedman, Catterson, Renwick and Abdus-Salaam, JJ.