Defendants may not argue for the first time on appeal that they are entitled to the recklessness standard of care of Vehicle and Traffic Law § 1103(b), because the question of whether the statute is applicable to this traffic accident is not a pure question of law and depends on facts that are not in the record.
Salodkaya v. City of New York, NY Slip Op 02478 (1st Dep't April 22, 2021)
