Legal Opinion

Kingston v. Braun

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

Decided July 11, 1986No. Appeal No. 1PublishedCited by 4 opinions

1Opinion of the Court

— Order unanimously affirmed, without costs. Memorandum: Plaintiff brought this action against the Sheriff of Erie County for injuries he received when he fell from a ladder in the Erie County Holding Center, where he was confined while awaiting sentencing. Special Term properly dismissed the action against the Sheriff as barred by the one-year Statute of Limitations governing actions against a Sheriff "upon a liability incurred by him by doing an act in his official capacity or by omission of an official duty” (CPLR 215 [1]). The Sheriff is prescribed by law to safely keep inmates of the…

2Cases cited4 opinions

  1. Doyon v. BascomAppellate Division of the Supreme Court of the State of New York · 1971
  2. Adams v. County of RensselaerNew York Court of Appeals · 1985
  3. Ferrer v. Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 1984
  4. Adams v. County of RensselaerAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by4 opinions

  1. Cipolla v. County of RensselaerDistrict Court, N.D. New York · 2001
  2. Geneva Ass'n of Retired Teachers Ex Rel. Heinzman v. Geneva City School DistrictAppellate Division of the Supreme Court of the State of New York · 2017
  3. Jackson v. BuffardiAppellate Division of the Supreme Court of the State of New York · 2009
  4. Wekenmann v. Erie County Sheriff's OfficeDistrict Court, W.D. New York · 2021

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