Legal Opinion

Fitzgibbon v. County of Nassau

Appellate Division of the Supreme Court of the State of New York

Decided May 22, 1989PublishedCited by 9 opinions

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

  1. Gelbman v. GelbmanNew York Court of Appeals · 1969
  2. Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
  3. Caceci v. Di Canio Construction Corp.New York Court of Appeals · 1988
  4. Thomas v. Consolidated Fire District No. 1New York Court of Appeals · 1980
  5. People v. JacksonCriminal Court of the City of New York · 1972

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re World Trade Center Disaster Site LitigationCourt of Appeals for the Second Circuit · 2008
  2. In Re World Trade Center Disaster Site LitigationDistrict Court, S.D. New York · 2006
  3. In Re Sept. 11 Property Damage and Business Loss LitigationDistrict Court, S.D. New York · 2006
  4. Daly v. Port AuthorityNew York Supreme Court · 2005
  5. McCue v. City of New YorkCourt of Appeals for the Second Circuit · 2008

4 more not listed; retrieve them via the Exa API.

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