Justice Lawrence Ecker

Kardian was operating a Clarkstown Highway Department snowplow clearing roads; plaintiffs alleged he did so with reckless disregard of their safety by failing to stop at an intersection causing codefendant, Fridhandler, to brake suddenly, swerve into oncoming traffic, and strike Clairine's vehicle in this personal injury action. Defendants moved for summary judgment seeking dismissal of all claims and cross-claims asserted against them, arguing Kardian's plow was a hazard vehicle that was exempt from the uniform rules of the road. Thus, relieving them of liability for ordinary negligence making them liable only if Kardian acted with reckless disregard as an exemption to the general exemption. Fridhandler argued Kardian's conduct constituted reckless disregard claiming he was aware of causing the accident but fled the scene after the collision. The court ruled defendants established Kardian's plow constituted a hazard vehicle engaged in hazardous operation on a highway, finding their submissions established Kardian's conduct did not meet the heightened reckless disregard Standard, thus, made a prima facie showing of entitlement to summary judgment. It found Fridhandler's submissions failed to raise a material issue of fact, granting defendants summary judgment.