BICCHETTI v. COUNTY OF NASSAU


49 A.D.3d 788 (2008)

854 N.Y.S.2d 401

CARMINE BICCHETTI, Respondent, v. COUNTY OF NASSAU, Appellant, et al., Defendants.

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

Decided March 25, 2008.


Ordered that the order is affirmed, with costs.

An employee of the defendant County of Nassau was operating a vehicle engaged in snow removal operations on a highway. Therefore, his performance of that activity is subject to the standard of Vehicle and Traffic Law § 1103 (b), which requires due regard for the safety of others and sets a recklessness standard in determining the liability to others arising from the performance of the work. In order for the plaintiff...

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