Opinion
February 21, 1986
Appeal from the Supreme Court, Oswego County, Lynch, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Pine, JJ.
Order unanimously reversed, on the law, without costs, and amended complaint reinstated. Memorandum: Special Term erred in dismissing plaintiffs' action against defendant Oswego County Deputy Sheriff for negligence in the operation of a motor vehicle on the ground that it was time barred by CPLR 215 (1), which provides a one-year period of limitation during which to bring an action against a Sheriff. "The liability to which this short limitation period applies is coextensive with the liability against which a Sheriff must be bonded (Taylor v. Mayone, 626 F.2d 247; Regan v. Sullivan, 557 F.2d 300, 305, n 2; Ingo v Koch, 127 F.2d 667; Dixon v. Seymour, 62 A.D.2d 444)" (Adams v County of Rensselaer, 66 N.Y.2d 725, 727). The duty imposed upon a Deputy Sheriff to use reasonable care while operating an automobile upon the highway is not imposed upon him by his office, but is a general duty assumed by everyone who drives a car (Adams v. County of Rensselaer, supra, p 727; Dixon v Seymour, supra, p 450; cf. Maurice v. Stoddard, 127 Misc.2d 272). Therefore, defendant is not entitled to the short limitation period of CPLR 215 (1), and plaintiffs' action was timely commenced (CPLR 214). To the extent that this court's affirmance without opinion of Special Term's unreported decision in George v. County of Erie ( 31 A.D.2d 891, lv denied 24 N.Y.2d 739) has been cited for authority to the contrary, it is disapproved.
Nor should plaintiff's claim be dismissed for failure to file a timely notice of claim. Service of notice of claim upon the County of Oswego is not required as a condition precedent to the maintenance of an action against a Deputy Sheriff because the County of Oswego has never specifically assumed liability, by legislative enactment, for the acts of its Deputy Sheriffs (Barr v. County of Albany, 50 N.Y.2d 247, 256; Passonno v. County of Rensselaer, 87 A.D.2d 693, appeal dismissed 59 N.Y.2d 970). However, plaintiffs' motion to amend their complaint to add the County of Oswego and the Oswego County Sheriff's Department as party defendants must be denied. A county is immune from liability for the negligent acts of Deputy Sheriffs unless it has specifically enacted local legislation accepting such liability (Barr v. County of Albany, supra; Wilson v. Sponable, 81 A.D.2d 1, appeal dismissed 54 N.Y.2d 834). Nor can a Sheriff be held liable for the tortious conduct of his Deputies (Barr v County of Albany, supra, p 257; Foyster v. Tutuska, 25 A.D.2d 940). Moreover, plaintiffs' motion to add these defendants was not made within three years of the date of the accident and, therefore, plaintiffs' claims are time barred (CPLR 214).