Wilson v. State, 269 A.D.2d 854 (N.Y. App. Div. 2000). · Go Syfert
Wilson v. State, 269 A.D.2d 854 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
16 citation events (12 in the last 25 years) across 6 distinct courts.
Strongest positive: Reames v. State of New York (nyappdiv, 2018-02-02)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Reames v. State of New York
N.Y. App. Div. · 2018 · confidence medium
The court did not explicitly address claimant's other theory of negligence regarding defendants' creation of the alleged dangerous condition. " According considerable deference to the findings of the [court herein], as is appropriate' " ( Wilson v State of New York , 269 AD2d 854, 855 [4th Dept 2000], affd 95 NY2d 455 [2000]), we conclude that the court properly determined that "the signs and barricades leading north to the . . .
discussed Cited "see" Ferrand v. Town of North Harmony
N.Y. App. Div. · 2017 · signal: see · confidence high
The statute applies to, inter alia, vehicles and equipment owned or operated by a town {see § 1103 [a]), and it is well settled that the statute applies to the operators of snowplows when they are “actually engaged in work on a highway” (§ 1103 [b]; see Wilson v State of New York, 269 AD2d 854, 854-855 [2000], affd sub nom.
discussed Cited "see" FERRAND, LANCE v. TOWN OF NORTH HARMONY
N.Y. App. Div. · 2017 · signal: see · confidence high
The statute applies to, inter alia, vehicles and equipment owned or operated by a town (see § 1103 [a]), and it is well settled that the statute applies to the operators of snowplows when they are “actually engaged in work on a highway” (§ 1103 [b]; see Wilson v State of New York, 269 AD2d 854, 854-855 , affd sub nom.
discussed Cited "see" Ferrand v. Town of North Harmony
N.Y. App. Div. · 2017 · signal: see · confidence high
The statute applies to, inter alia, vehicles and equipment owned or operated by a town {see § 1103 [a]), and it is well settled that the statute applies to the operators of snowplows when they are “actually engaged in work on a highway” (§ 1103 [b]; see Wilson v State of New York, 269 AD2d 854, 854-855 [2000], affd sub nom.
Retrieving the full opinion text from the archive…
John P. Wilson
v.
State of New York
Claim No. 93508.
Appellate Division of the Supreme Court of the State of New York.
Feb 16, 2000.
269 A.D.2d 854
Cited by 12 opinions  |  Published

—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 [*855] County of Broome, 263 AD2d 267). “According considerable deference to the findings of the Court of Claims, as is appropriate” (Morrisseau v State of New York, 237 AD2d 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 NY2d 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). (Appeal from Judgment of Court of Claims, McNamara, J. — Negligence.) Present — Green, A. P. J., Hayes, Pigott, Jr., and Balio, JJ.