Wilson v. State

—Judgment unanimously affirmed without costs. Memorandum: The Court of Claims properly dismissed this claim arising from a collision between claimant’s vehicle and a snowplow owned by defendant and operated by defendant’s employee. The court properly determined that the snowplow, plowing snow on a highway at the time of the accident, was a “vehicle * * * [or] other equipment * * * actually engaged in work on a highway” within the meaning of Vehicle and Traffic Law § 1103 (b) (see, McDonald v State of New York, 176 Misc 2d 130, 139; see also, Riley v *855County of Broome, 263 AD2d 267). “According…