Legal Opinion
Oliveira v. City of Mount Vernon
Court of Appeals for the Second Circuit
Decided December 19, 2006No. 05-6946-cvPublishedCited by 2 opinions
1Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Jorge Oliveira appeals from the December 6, 2005 judgment of the United States District Court for the Southern District of New York (McMahon, Judge) granting summary judgment to defendant-appellee City of Mount Vernon (the “City”). Oliveira argues that summary judgment was improper because (1) the snowplow that allegedly hit him could not have been “actually engaged in work on a highway” at the time of the accident within the meaning of N.Y. Veh. & Traf. Law § 1103(b), thus not triggering that provision’s requirement of a showing of reckless disregard; and (2)…
2Cases cited5 opinions
- Riley v. County of BroomeNew York Court of Appeals · 2000
- Kelly Phaneuf v. Dorene M. Fraikin, Kathleen Binkowski, Plainville Bd. Of Ed., Town of Plainville and Rosemarie Cipriano, Docket No. 04-4783-CvCourt of Appeals for the Second Circuit · 2006
- McDonald v. StateNew York Court of Claims · 1998
- Davis v. Incorporated Village of BabylonAppellate Division of the Supreme Court of the State of New York · 2004
- Oliveira v. City of Mount VernonDistrict Court, S.D. New York · 2005
3Cited by2 opinions
- Ferrand v. Town of North HarmonyAppellate Division of the Supreme Court of the State of New York · 2017
- Ferrand v. Town of North HarmonyAppellate Division of the Supreme Court of the State of New York · 2017