Adamo v. P. G. Motor Freight, Inc.

Defendant Village of Mamaroneck moves to dismiss the complaint pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice.

A dog had been injured and lay on the highway. Plaintiff, a bystander, was directed by a police officer of the village to direct traffic while he, the police officer, left the scene to make a telephone call. Plaintiff was struck by an oncoming car and seeks to hold the village liable in damages.

The police officer was acting for the village in its exercise of a governmental function, in which it is not liable for torts of its agents unless such liability is…