New York Court of Appeals

Orellana v. Town of Carmel

October 17, 20242024 NY Slip Op 05131

Summary

The Court reversed the Appellate Division’s summary‑judgment order, holding that the superintendent was not "actually engaged in work on a highway" and therefore not protected by Vehicle and Traffic Law § 1103(b); the defendants’ motion for summary judgment was denied and the plaintiff’s cross‑motion granted.