James v. Town of Babylon

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is reversed, without costs, and the matter is remitted to the District Court for the entry of judgment dismissing the action.

In this small claims action, plaintiff seeks to recover for property damage that he sustained when a snowplow belonging to defendant Town of Babylon, which was engaged in the process of snow removal, hit his parked vehicle. At a nonjury trial, plaintiffs witness, Pete Daniels, testified that, on January 27, 2011, he was outside shoveling snow, when he observed defendant Town of Babylon’s snowplow drive by. He…