Skolnick v. Town of Hempstead
Cases that cite this one
5 later published cases cite this decision.
- Oliveira v. City of Mount Vernon (District Court, S.D. New York 2005)
- Levine v. GBE Contracting Corp. (Appellate Division of the Supreme Court of New York 2003)
- Farese v. Town of Carmel (Appellate Division of the Supreme Court of New York 2002)
- Qosaj v. Village of Sleepy Hollow (Appellate Division of the Supreme Court of New York 2023)
- Matsch v. Chemung County Department of Public Works (Appellate Division of the Supreme Court of New York 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an interlocutory judgment of the Supreme Court, Nassau County (DeMaro, J.), dated January 20, 2000, which, upon a jury verdict finding the defendant James Zaffárese 45% at fault and the plaintiff Saul C. Skolnick 55% at fault in the happening of the accident, is in favor of the plaintiffs and against them on the issue of liability.
Ordered that the interlocutory judgment is reversed, and a new trial is granted, with costs to abide the event.
The plaintiff Saul C. Skolnick allegedly was injured when
In Riley v County of Broome ( 95 NY2d 455), the Court of Appeals held that Vehicle and Traffic Law § 1103 (b) excuses all vehicles, regardless of their classification, from the rules of the road when “actually engaged in work on a highway.” Since Zaffarese’s truck was “actually engaged in work on a highway” at the time of the accident, the plaintiffs must show that he acted with “reckless disregard for the safety of others” (Vehicle and Traffic Law § 1103 [b]), i.e., in conscious disregard of a “ ‘known or obvious risk that was so great as to make it highly probable that harm would follow’ ” (Saarinen v Kerr, 84 NY2d 494, 501). Since the Supreme Court erred in refusing to charge the reckless disregard standard of care as provided for in Vehicle and Traffic Law § 1103 (b), a new trial is granted. Bracken, J. P., Thompson, Sullivan and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.