Wagner v. Town of Ticonderoga

Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered July 31, 1981 in Essex County, which granted defendant’s motion to dismiss the second cause of action set forth in the complaint. Plaintiff asserts two causes of action against defendant Town of Ticonderoga, charging it with liability for the activities of certain town employees. The second cause of action, which seeks to impute liability to the town for the claimed negligence of its Town Justice, was dismissed and plaintiff now appeals. We affirm. It has repeatedly been observed that a municipality is not…