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NIRO v. VILLAGE OF LAKE GEORGE

299 A.D.2d 689 (2002)

749 N.Y.S.2d 589

JOHN H. NIRO, Respondent, v. VILLAGE OF LAKE GEORGE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 14, 2002.

Mugglin, J.

Defendant Scott W. Bauberger was employed as the Acting Superintendent of Highways of defendant Village of Lake George in Warren County. His normal work schedule was Monday through Friday from 7:00 A.M. to 3:30 P.M. However, because he was on call 24 hours per day, as needed, he was permitted to take a village truck to his home on Catherine Street in the Town of Warrensburg, Warren County, about five miles from the village limit. On Sunday, April 9, 2000...

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