Douglas v. Hugerich

— Appeal from an order of the Supreme Court at Special Term, entered October 18, 1978, in Schenectady County, which denied appellant’s motion to dismiss the complaints or, in the alternative, for summary judgment.* The plaintiff was allegedly injured as the result of the operation of a motor vehicle by the defendant, Carolyn G. Hugerich. The complaint alleges that at the time of the accident Hugerich was "acting as an agent, servant and employee, in the business of her employer, defendant Denby’s Inc. [appellant]”. Appellant moved for an order dismissing the complaint, and the issue presented…