Rusch v. Karpick

Judgment and order and judgment of City Court of Buffalo unanimously reversed on the law, without costs of this appeal to either party, and complaint dismissed, without costs. Memorandum: Coneededly, the recovery in this action is based upon the negligent operation of a municipally owned vehicle by an employee of the City of Buffalo, who, at the time of the accident, was acting in the performance of his duties and within the scope of his employment. Although the City of Buffalo was not made a party to the action, it was also conceded that if sued it would toe responsible to plaintiff. Section…