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FARIA v. CITY OF YONKERS

2010-03601.

84 A.D.3d 1306 (2011)

924 N.Y.S.2d 147

CARLOS CEZAR FARIA, Respondent, v. CITY OF YONKERS et al., Appellants, et al., Defendant. (And a Third-Party Action.).

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

Decided May 31, 2011.

Ordered that the order is affirmed, with costs.

Vehicle and Traffic Law § 1103 (b) exempts statutorily defined "hazard vehicles" engaged in highway work from the rules of the road, and thus limits the liability of their owners and operators to reckless disregard for the safety of others (see Riley v County of Broome, 95 N.Y.2d 455, 462-463, 465-466 [2000]). Here, the appellants made a prima facie showing of their entitlement...

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