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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06277 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06277 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1556 |
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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