In Fitzgerald v. Lyons, 39 A.D.2d 473, the Appellate Division, Fourth Department, held that where a municipality is required to indemnify an employee who was found liable for negligence in the discharge of his duties or if he was acting within the scope of his employment, the provisions of a notice of claim and shorter period of limitations under the General Municipal Law must be afforded to the defendant employee even if the action is commenced against the employee individually. There, the employee defendant being sued was a city engineer who was involved in an automobile accident that occurred while defendant was on his way home from work. The Appellate Division held that it was for the city's special benefit, rather than for the city engineer's personal convenience, that permission was given to the engineer, who was on 24-hour call, to operate the city-owned motor vehicle between home and work. Further, the engineer was acting within the scope of his employment when he was involved in said accident, and was entitled to indemnification by the city under said statute for any loss occasioned by his negligent operation of the vehicle, and he was further entitled to the protection afforded by the short statute of limitations, so that the action, which was not commenced within one year and 90 days of the date of the accident, was barred.