Per Curiam
Town of Babylon appealed from a judgment awarding property owner James $1,580.49 for damages he sustained when a snow plow hit his parked vehicle. James’s witness, Daniels, testified he observed the snow plow, driven by Sokpo, drive by and she was talking on a hand-held cell phone while plowing, and hit James’ vehicle. Sopko testified she used the hand-held cell phone to call her dispatcher as the snow plow lacked a radio. Yet, she claimed she put the phone down before the time the snow plow made contact with James’ car. The panel stated to the extent the parties offered differing testimony regarding Sopko’s use of the hand-held cell phone at the time of the accident, the trial court’s conclusion that Sopko was talking on the phone at the time was entitled to substantial deference. However, the panel also noted that under Vehicle & Traffic Law §1103(b), any person operating a hazard vehicle, including a snow plow, was exempt from the rules of the road, including being prohibited from using hand-held mobile telephones while driving. Thus, the panel ruled the evidence did not support a conclusion that Sopko acted with "conscious indifference to the outcome." Hence, the judgment was reversed and dismissed.
