Legal Opinion
Pinkney v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2008PublishedCited by 7 opinions
1Opinion of the Court
Orders, Supreme Court, Bronx County (Janice L. Bowman, J.), entered May 3, 2007, which dismissed the complaint, unanimously affirmed, without costs.
In this wrongful death action, the court properly found the City not liable on the basis of respondeat superior inasmuch as defendant Williams was not acting within the scope of his employment as a police officer when he visited the decedent, a fellow police officer, at her apartment for personal reasons and spent the night with her as he had done numerous times before, *243and she used his off-duty weapon to commit suicide (see Joseph v City of…
2Cases cited5 opinions
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Joseph v. City of BuffaloNew York Court of Appeals · 1994
- Naegele v. Archdiocese of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Coffey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- McGuire v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- Barton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Stein v. Kendal at IthacaAppellate Division of the Supreme Court of the State of New York · 2015
- Stevens v. KellarAppellate Division of the Supreme Court of the State of New York · 2013
- Stolarski v. DeSimoneAppellate Division of the Supreme Court of the State of New York · 2011
- McCann v. Varrick GroupAppellate Division of the Supreme Court of the State of New York · 2011
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