Legal Opinion

Restey v. Higgins

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

Decided July 8, 1998PublishedCited by 7 opinions

1Opinion of the Court

—Judgment unanimously modified on the law and as modified affirmed with costs to plaintiff Paul A. Restey and new trial granted on damages only in accordance with the following Memorandum: Paul A. Restey (plaintiff) commenced this action against defendants, Timothy Higgins, an Erie County Deputy Sheriff, and the County of Erie (County) alleging causes of action for assault and battery, negligence, false arrest, malicious prosecution and deprivation of civil rights under 42 USC § 1983. Plaintiff Janet Restey sued for loss of consortium. The action stems from an incident on October 19, 1988 in…

2Cases cited9 opinions

  1. People v. AlvinoNew York Court of Appeals · 1987
  2. Broughton v. StateNew York Court of Appeals · 1975
  3. People v. ScarolaNew York Court of Appeals · 1988
  4. Martin v. City of AlbanyNew York Court of Appeals · 1977
  5. Parkin v. Cornell University, Inc.New York Court of Appeals · 1991

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3Cited by7 opinions

  1. SIEMUCHA, PAUL v. GARRISON, ROBERT D.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Mahoney v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  3. Silver v. Tops Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Mason v. Town of New Paltz Police DepartmentDistrict Court, N.D. New York · 2000
  5. Dias v. Town of UlsterAppellate Division of the Supreme Court of the State of New York · 2025

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