Allen v. Town of Amherst

—Appeal from an order of Supreme Court, Erie County (Mintz, J.), entered January 3, 2001, which granted defendants’ motion for summary judgment, c

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying defendants’ motion in part and reinstating the complaint *829insofar as it seeks to impose liability on defendant Town of Amherst with respect to defendant Brian G. Miller’s operation of the police vehicle and as modified the order is affirmed without costs.

Memorandum: On a Saturday afternoon, defendant Brian G. Miller, a police…