Legal Opinion · Dissent

Joseph v. City of Buffalo

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

Decided November 16, 1990Published

1Dissent

Denman and Balio, JJ.

(dissenting). We respectfully dissent, in part.

*831Defendant Randie Joseph, a Buffalo police officer, returned to his home shortly after 8:00 a.m. on December 10, 1976, following completion of his work shift. He played for a time with his two children, then placed his loaded police revolver under the mattress of his three-year-old son’s bed. A short time later, the son apparently rolled up the mattress, found the gun and shot himself in the head.

Plaintiff, the infant’s mother, instituted this action on her son’s behalf against defendant Joseph and the City of Buffalo in 1984.…

2Cases cited13 opinions

  1. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  2. Garcia v. City of New YorkNew York Court of Appeals · 1985
  3. Alifieris v. American Airlines, Inc.New York Court of Appeals · 1984
  4. Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  5. Taterka v. Nationwide Mutual InsuranceNew York Court of Appeals · 1983

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