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Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06277

Blackshear v City of Yonkers

Read the official decision: 2026 NY Slip Op 06277

Holding The court affirmed summary judgment dismissing the plaintiff’s personal injury claim because the defendants established that the fire truck driver complied with Vehicle and Traffic Law § 1104 safety requirements. The plaintiff failed to raise a triable issue of fact regarding whether the driver acted in reckless disregard for the safety of others.

The court’s words

the reckless disregard standard of Vehicle and Traffic Law § 1104 was applicable to Martinez's conduct

2026 NY Slip Op 06277, at the official text

the emergency lights and siren were activated, and that Martinez slowed sufficiently before entering the intersection

2026 NY Slip Op 06277, at the official text

the plaintiff failed to raise a triable issue of fact

2026 NY Slip Op 06277, at the official text
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06277
Area of lawPersonal Injury and Negligence
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06277
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1556

Recommended citation

ESQ HQ, New York Law Watch, Blackshear v City of Yonkers, 2026 NY Slip Op 06277 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06277/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 28, 2026. Updated October 28, 2026.