Van Tassell v. Hill

This is an appeal from an order of the Special Term granting a motion for summary judgment dismissing plaintiff’s complaint pursuant to rule 113 of the Rules of Civil Practice and section 476 of the Civil Practice Act.

The action is brought to recover property damage to plaintiff’s trailer allegedly caused by the negligence of the defendant. The defendant at the time was in the course of his employment *585as a school bus driver and was operating a school bus belonging to the Elbridge Central School District No. 3. No notice of claim was served pursuant to section 50-e of the General Municipal…