WILSON v. STATE 93508 (2000)

 The Court of Claims properly dismissed this claim arising from a collision between claimant's vehicle and a snowplow owned by defendant and operated by defendant's employee.   The court properly determined that the snowplow, plowing snow on a highway at the time of the accident, was a “vehicle or other equipment * * * actually engaged in work on a highway” within the meaning of Vehicle and Traffic Law § 1103(b) (see, McDonald v. State of New York, 176 Misc.2d 130, 139, 673 N.Y.S.2d 512;  see also, Riley v. County of Broome, 263 A.D.2d 267, 700 N.Y.S.2d 573).  “ According considerable deference to the findings of the Court of Claims, as is appropriate” (Morrisseau v. State of New York, 237 A.D.2d 803, 804, 655 N.Y.S.2d 122), we conclude that its determination that the snowplow operator did not act in “reckless disregard for the safety of others” is fully supported by the record (Vehicle and Traffic Law § 1103[b];  see, McDonald v. State of New York, supra, at 143, 673 N.Y.S.2d 512;  see also, Szczerbiak v. Pilat, 90 N.Y.2d 553, 557, 664 N.Y.S.2d 252, 686 N.E.2d 1346).   Finally, the court properly concluded that Vehicle and Traffic Law § 1103 need not be pleaded as an affirmative defense (see, McDonald v. State of New York, supra, at 141, 673 N.Y.S.2d 512).

Judgment unanimously affirmed without costs.

MEMORANDUM: