Conroy v. Melton

This is an application in the form of an article 78 proceeding which in essence attacks the constitutionality of the provisions of subdivisions 2, 3, 5 and 13 of section 318 of the Vehicle and Traffic Law.

Petitioner alleges that he was operating a tractor to plow snow from the driveway of his private property, in an area immediately adjacent to a public highway. He further alleges *751that an automobile owned by a third party and being operated on said public highway went out of control, traveled across the shoulder of the roadway onto the edge of petitioner’s property and collided with…