Legal Opinion
McDowell v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 1994PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for the wrongful death of the plaintiff’s intestate, the defendant City of New York appeals from so much of a judgment of the Supreme Court, Queens County (Berkowitz, J.), entered September 23, 1992, as, upon a jury verdict, is in favor of the plaintiff and against the City of New York.
Ordered that the judgment is reversed insofar as appealed from, on the law, with one bill of costs, and the complaint is dismissed as asserted against the defendant City of New York.
When the plaintiff invokes the doctrine of respondeat superior, the "[pjlaintiff has the burden of…
2Cases cited5 opinions
- Hacker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966
- Hacker v. City of New YorkNew York Court of Appeals · 1967
- Joseph v. City of BuffaloNew York Court of Appeals · 1994
- Mastroianni v. Inc. Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 1990
- Clarke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- Micalizzi v. CiamarraDistrict Court, S.D. New York · 2002
- Davis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Pekarsky v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Becker v. City of New YorkCivil Court of the City of New York · 2002
- Valentin v. Candy Corner, Foster Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1998