DAVIS v. INCORPORATED VILLAGE OF BABYLON


13 A.D.3d 331 (2004)

786 N.Y.S.2d 550

KATHRYN M. DAVIS et al., Respondents, v. INCORPORATED VILLAGE OF BABYLON, NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 6, 2004.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs' motion for partial summary judgment regarding the nonapplicability of the so-called "rules of the road" exemption contained in Vehicle and Traffic Law § 1103 (b) and the proper standard of care to be applied in this matter. The plaintiffs demonstrated their entitlement to the application of an ordinary negligence standard of care with evidence that the defendant...

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