March 25, 2020 – M&H Defeats VTL 1104(b) Defense In Motor-Vehicle Accident Involving A Marked Police Vehicle

In this action to recover damages for personal injuries sustained in a Nassau County motor-vehicle accident involving a marked police vehicle, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, held that Defendant failed to establish that they were entitled to the heightened “reckless disregard” standard of care provided by Vehicle and Traffic Law 1104(b), and thus Defendants’ summary judgment was properly denied.

Martinez v. Incorporated Village of Freeport, et al.