AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

JOHN P. WILSON, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 93508.)

Judgment unanimously affirmed without costs. Memorandum: The Court of Claims properly dismissed this claim arising from a collision between claimant's vehicle and a snowplow owned by defendant and operated by defendant's employee. The court properly determined that the snowplow, plowing snow on a highway at the time of the accident, was a "vehicle or other equipment * * * actually engaged in work on a highway" within the meaning of Vehicle and Traffic Law § 1103 (b) ( see, McDonald v. State of New York, 176 Misc.2d 130, 139; see also, Riley v. County of Broome, 263 A.D.2d 267 [decided Jan. 6, 2000]). "According considerable deference to the findings of the Court of Claims, as is appropriate" ( Morrisseau v. State of New York, 237 A.D.2d 803, 804), we conclude that its determination that the snowplow operator did not act in "reckless disregard for the safety of others" is fully supported by the record (Vehicle and Traffic Law § 1103 [b]; see, McDonald v. State of New York, supra, at 143; see also, Szczerbiak v. Pilat, 90 N.Y.2d 553, 557). Finally, the court properly concluded that Vehicle and Traffic Law § 1103 need not be pleaded as an affirmative defense ( see, McDonald v. State of New York, supra, at 141).

Use AI to get other relevant cases.

Comments

WILSON v. STATE
(Feb 16, 2000)