Angelo v. Lattimer

The defendant is a truck driver employed by the Oswego County Highway Department. The complaint alleges damage arising from his negligence in the operation of a county truck, driven within the scope of his employment and in the discharge of his duties. Although the employee is the sole defendant, the plaintiff, obviously mindful of the liability cast on the county by section 50-b of the General Municipal Law, has served on the county a notice of claim under section 50-e of the General Municipal Law.

Motion is now made to dismiss the complaint for insufficiency because the defendant himself was…