Niro v. Village of Lake George

Appeal from a judgment of the Supreme Court (Aulisi, J.), entered October 25, 2001 in Warren County, upon a verdict rendered in favor of plaintiff.

Defendant Scott W. Bauberger was employed as the Acting Superintendent of Highways of defendant Village of Lake George in Warren County. His normal work schedule was Monday through Friday from 7:00 a.m. to 3:30 p.m. However, because he was on call 24 hours per day, as needed, he was permitted to take a village truck to his home on Catherine Street in the Town of Warrensburg, Warren County, about five miles from the village limit. On Sunday, April…