Oliveira v. City of Mount Vernon

DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT

MCMAHON, District Judge.

Plaintiff Jorge Oliveira filed this action against the City of Mount Vernon for per sonal injuries sustained when he was allegedly struck in the back by a snowplow owned and operated by defendant. Defendant moves for summary judgment on the ground that, under New York Vehicle and Traffic Law § 1103(b) 1 \ the snowplow operator was “actually engaged in hazardous operation,” and thus is held to a recklessness rather than a basic negligence…