Legal Opinion

Damiani v. City of Buffalo

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

Decided November 19, 1993PublishedCited by 13 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: City of Buffalo police officers, Albert Damiani and John Alessandra (plaintiffs), were accidentally shot by fellow police officers while responding to a report of two vicious dogs on Goulding Avenue in the City of Buffalo. Plaintiffs commenced separate actions to recover damages for personal injuries, each alleging liability for common-law negligence and pursuant to General Municipal Law § 205-e. Defendant interposed answers containing affirmative defenses, one of which alleged that plaintiffs’ exclusive remedy lies under General…

2Cases cited9 opinions

  1. Santangelo v. State of NYNew York Court of Appeals · 1988
  2. Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
  3. Kenavan v. City of New YorkNew York Court of Appeals · 1987
  4. Cooper v. City of New YorkNew York Court of Appeals · 1993
  5. O'Dette v. PartonAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by13 opinions

  1. O'Hare v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1998
  2. Clark v. DeJohnAppellate Division of the Supreme Court of the State of New York · 1993
  3. Nieves v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2000
  4. Braxton v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2000
  5. Morrisey v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1993

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