Feisthamel v. Roczen

Judgment and order reversed on the law, with costs, and complaint dismissed, with costs. Memorandum: Coneededly, the recovery in this action is based upon the negligent operation of a police patrol car by a police officer of the City of Utica, who, at the time of the accident, was acting in the performance of his duties and within the scope of his employment. The City of Utica was not made a party to the action. The complaint fails to allege filing with the city *938comptroller, or a corresponding officer, and with the defendant, of the notices required by section 50-c of the General Municipal.…