Legal Opinion
Perry v. Custodi
Appellate Division of the Supreme Court of the State of New York
Decided May 28, 1976PublishedCited by 10 opinions
1Opinion of the Court
Judgment unanimously affirmed, with costs. Memorandum: Appellants seek to recover damages for the alleged tortious conduct of defendant Custodi while in the performance of his duties as an Erie County Deputy Sheriff. A motion by defendant County of Erie to dismiss the complaint, based on article XIII (§ 13, subd [a]) of the New York Constitution, was granted. It is appellant’s contention that the enactment of Local Law No. 2 (1969) by the Erie County Legislature altered the constitutional immunity of the county for tortious acts of Deputy Sheriffs committed in the pursuit of their duties as a…
2Cases cited5 opinions
- Isereau v. StoneAppellate Division of the Supreme Court of the State of New York · 1957
- Snow v. HarderAppellate Division of the Supreme Court of the State of New York · 1974
- Foyster v. TutuskaAppellate Division of the Supreme Court of the State of New York · 1966
- Paolucci v. County of DutchessNew York Supreme Court · 1971
- Schnitzer v. County of ErieNew York Supreme Court · 1957
3Cited by10 opinions
- Barr v. County of AlbanyNew York Court of Appeals · 1980
- Wilson v. SponableAppellate Division of the Supreme Court of the State of New York · 1981
- Brenner v. County of RocklandNew York Supreme Court · 1978
- Passonno v. County of RensselaerAppellate Division of the Supreme Court of the State of New York · 1982
- Iorio v. City of New YorkCivil Court of the City of New York · 1978
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