Legal Opinion
Carney v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1989PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action against the City of Utica and several of its police officers, Supreme Court granted summary judgment to all defendants dismissing plaintiff’s claims for punitive damages. Relying on Myers v City of Rochester (116 Mise 2d 83), the court found that the city was *928the real party in interest by virtue of its indemnity obligation, and that the municipality was immune from claims for punitive damages (see, Sharapata v Town of Islip, 56 NY2d 332).
The court correctly…
2Cases cited4 opinions
- Sharapata v. Town of IslipNew York Court of Appeals · 1982
- Kelly v. KaneAppellate Division of the Supreme Court of the State of New York · 1983
- La Mar v. Town of GreeceAppellate Division of the Supreme Court of the State of New York · 1983
- Miller v. City of RensselaerAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by4 opinions
- Drisdom v. Niagara Falls Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Rosen & Bardunias v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1990
- Staudacher v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1989
- Devon Hillman v. The City of Oswego; Oswego City Police Department; Sergeant Tom Rupert; Investigator Kevin Hadcock; Officer Stephen Weber; Officer Joshua Martin; Officer John Doe #1; Sergeant John Doe #1; Investigator John Doe #1; Officers John Doe #2-5; Dispatcher John DoeDistrict Court, N.D. New York · 2026