Fitzgibbon v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kooper, J.
The issue to be resolved on appeal — apparently one of first impression before an appellate court — is whether an auxiliary police officer who injures a pedestrian in the course of patrol duty, is entitled to immunity pursuant to the New York State Defense Emergency Act (McKinney’s Uncons Laws of NY § 9193 [L 1951, ch 784, § 113, as amended]) (hereinafter the Act). For the reasons that follow, we conclude that the immunity conferred by the Act is inapplicable under the circumstances presented, and accordingly, modify the order appealed from.
I
On March 2, 1982, at…
2Cases cited7 opinions
- Gelbman v. GelbmanNew York Court of Appeals · 1969
- Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
- Caceci v. Di Canio Construction Corp.New York Court of Appeals · 1988
- Thomas v. Consolidated Fire District No. 1New York Court of Appeals · 1980
- People v. JacksonCriminal Court of the City of New York · 1972
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- Daly v. Port AuthorityNew York Supreme Court · 2005
- McCue v. City of New YorkCourt of Appeals for the Second Circuit · 2008
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