Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about November 21, 2012, which denied plaintiffs motion for summary judgment on the issue of liability, and granted defendants’ motion for summary judgment dismissing the complaint, modified, on the law, to deny defendants’ motion, and otherwise affirmed, without costs.
We agree with plaintiff that Vehicle and Traffic Law § 1103 (b), which exempts “hazard vehicles” from the rules of the road and limits the liability of their owners and operators to reckless disregard for the safety of others (Riley v County of Broome, 95
Even holding defendants to an ordinary negligence standard, however, plaintiff has not established prima facie that it was their negligence that proximately caused the accident. Issues of fact exist as to plaintiffs own negligence, including whether he was the sole proximate cause of the accident. Contrary to plaintiffs contention, this was not a standard rear-end collision for which defendants have offered no nonnegligent explanation (see Cabrera v Rodriguez, 72 AD3d 553 [1st Dept 2010]). The operator of the street sweeper, defendant Falcaro, testified that while he was sweeping on the right side of the street, plaintiff was parked in the center of the street, and that when he started to pass plaintiff, plaintiff suddenly swerved in front of him. Indeed, the photographs in the record demonstrate that plaintiffs vehicle was not struck solely or even primarily in the rear, but in the right rear panel, i.e., primarily on the right side. Moreover, it was not stopped or stopping at the time of the accident. Concur — Saxe, J.E, Moskowitz, Feinman and Clark, JJ.