McAndrews v. City of New York

New York Court of Appeals

McAndrews v. City of New York

801 N.E.2d 371, 100 N.Y.2d 603, 769 N.Y.S.2d 151, 2003 N.Y. LEXIS 2402

DecidedSeptember 16, 2003

StatusPublished

This text of 801 N.E.2d 371 (McAndrews v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McAndrews v. City of New York, 801 N.E.2d 371, 100 N.Y.2d 603, 769 N.Y.S.2d 151, 2003 N.Y. LEXIS 2402 (N.Y. 2003).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter remitted for a new trial.

[605]*605Despite defendant’s timely request, the trial court did not adequately charge the jury concerning the standard of conduct actionable under Vehicle and Traffic Law § 1104 (e). The statutory recklessness standard is exacting (see Saarinen v Kerr, 84 NY2d 494, 501-502 [1994]) and the court’s failure to define that standard for the jury was not harmless error under the circumstances of this case.

Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI