Kalpin v. Cunningham

Order unanimously affirmed, without costs. Memorandum: Defendant, an employee of the County of Monroe, appeals from the denial of her motion to dismiss plaintiff’s complaint against her in her individual capacity, which alleged negligence for having dispensed a harmful prescription drug. She argues that the dismissal of an earlier action, brought by plaintiff against her solely in her capacity as a county employee, arising from the same alleged acts of negligence, on the ground that plaintiff failed to comply with the requirements of subdivision 2 of section 52 of the County Law and…