New York State Electric & Gas Corp. v. State

OPINION OF THE COURT

Stephen J. Mignano, J.

The facts of this case are not in dispute. On August 2, 2000, Thomas Florio, a then 14-year employee of the New York State Department of Transportation, was mowing grass at the *357intersection of Route 343 and Leedsville Road in the Town of Amenia, Dutchess Comity. At his examination before trial, Mr. Florio testified that he was operating a John Deere tractor equipped with a six-foot sickle bar on the right side of the driver and an eight-foot long mower in the rear (see examination before trial transcript, exhibit C, at 11 attached to claimant’s…