Deloach v. McNeil

Summary

The New York Appellate Division, Second Department, reversed an order granting Consolidated Edison defendants summary judgment in a personal-injury action arising from a vehicle collision. The court held that the defendants failed to make a prima facie showing that their utility truck was engaged in a hazardous operation within the meaning of Vehicle and Traffic Law § 1103(b).

Holdings

1. The Consolidated Edison defendants failed to make a prima facie showing that their truck was actually engaged in an operation that would restrict, impede, or interfere with the normal flow of traffic, as required for a hazardous operation under Vehicle and Traffic Law § 117-b.
2. Summary judgment must be denied when the moving party fails to establish a prima facie entitlement to judgment as a matter of law, regardless of the sufficiency of the opposing papers.

Questions Presented

1. Whether the Consolidated Edison defendants established on summary judgment that their truck was a hazard vehicle actually engaged in a hazardous operation within the meaning of Vehicle and Traffic Law § 1103(b).
2. Whether the Consolidated Edison defendants were entitled to summary judgment dismissing the negligence claims based on the statutory exemption for hazard vehicles engaged in hazardous operations.

Disposition

reversed