Cady v. Andrews

OPINION OF THE COURT

Richard F. Kuhnen, J.

Motion by defendants for summary judgment dismissing the complaint as a matter of law.

The action is for damages for bodily injuries sustained by plaintiff Gerald A. Cady,, a Broome County Deputy Sheriff, on May 13, 1979, while on patrol duty, when the automobile he was driving malfunctioned and left the highway. The automobile was owned by the County of Broome and provided to the Sheriff’s Department for use of the Sheriff’s personnel in connection with their duties.

The complaint alleges causes of action on behalf of plaintiff Gerald A. Cady (and…