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Justice W. Franc Perry

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Nias sought to recover for personal injuries sustained in a car accident with Police Officer Williams. Defendants, including City of New York, moved for dismissal of the complaint. City argued nothing in the record showed Williams acted recklessly, while Nias argued the reckless disregard standard within Vehicle & Traffic Law §1104 was inapplicable as Williams failed to show he was involved in an emergency operation. Nias argued Williams was not transporting prisoners when the accident occurred as the prisoner was not in his vehicle, but a different lead vehicle in a convoy. Williams stated he was responsible for the prisoner and had to be at the precinct when he arrived. The court found, based on evidence submitted, defendants established that Williams was engaged in an emergency operation as defined in §114-b at the time of the accident, and the reckless disregard standard applied. Nias also conceded Williams engaged his siren, and lights were still on as he proceeded through the intersection. The court stated the fact the prisoner being transported was not in Williams’ vehicle “amounts to nothing more than a distinction without a difference” as Williams was part of the police detail transporting the prisoner, for whom he was responsible. Thus, defendants’ motion was granted.