Schwartz v. City of New York

Motion by the City of New York for judgment on the pleadings, pursuant to rule 112 of the Rules of Civil Practice. Cross motion by plaintiff to discontinue as to defendant Walter A. Ernst.

The action is against the City of New York and a policeman for property damages and personal injuries allegedly sustained as a result of the negligent operation by the policeman of a city-owned police car, while in the discharge of his duties, and within the scope of his employment. The specific ground of the motion is that there has been no compliance with section 50-c of the General Municipal Law, which…