Legal Opinion

Davis v. Incorporated Village of Babylon

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2004PublishedCited by 9 opinions

1Opinion of the Court

*332In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Catterson, J.), entered March 31, 2004, which granted the plaintiffs’ motion for partial summary judgment determining that the defendants do not qualify for the so-called “rules of the road” exemption contained in the Vehicle and Traffic Law § 1103 (b), and therefore, are to be held to an “ordinary negligence” standard of care of this action.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs’ motion for partial…

2Cases cited4 opinions

  1. Riley v. County of BroomeNew York Court of Appeals · 2000
  2. Dalton v. Educational Testing ServiceAppellate Division of the Supreme Court of the State of New York · 2002
  3. Mestric v. Martinez Cleaning Co.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Marvin v. Town of MiddlesexAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by9 opinions

  1. Hofmann v. Town of AshfordAppellate Division of the Supreme Court of the State of New York · 2009
  2. Matsch v. Chemung County Department of Public WorksAppellate Division of the Supreme Court of the State of New York · 2015
  3. Perez v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2022
  4. Qosaj v. Village of Sleepy HollowAppellate Division of the Supreme Court of the State of New York · 2023
  5. Oliveira v. City of Mount VernonCourt of Appeals for the Second Circuit · 2006

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