Kingston v. Braun
Appellate Division of the Supreme Court of the State of New York
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
- Doyon v. BascomAppellate Division of the Supreme Court of the State of New York · 1971
- Adams v. County of RensselaerNew York Court of Appeals · 1985
- Ferrer v. Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Adams v. County of RensselaerAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by4 opinions
- Cipolla v. County of RensselaerDistrict Court, N.D. New York · 2001
- 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
- Jackson v. BuffardiAppellate Division of the Supreme Court of the State of New York · 2009
- Wekenmann v. Erie County Sheriff's OfficeDistrict Court, W.D. New York · 2021