Legal Opinion
Thomas v. Tarpley
Appellate Division of the Supreme Court of the State of New York
Decided January 11, 2000PublishedCited by 4 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered December 23, 1998, which granted defendants-respondents’ motion to dismiss the complaint and all cross claims against them, unanimously affirmed, without costs.
The Supreme Court lacked subject matter jurisdiction to entertain plaintiffs’ claim for money damages against defendants-respondents, individual State employees who at all times relevant to the instant matter were acting in their official capacities (see, Court of Claims Act § 9 [4]; Sinhogar v Parry, 53 NY2d 424, 431). Plaintiffs’ claims that these defendants were…
2Cases cited7 opinions
- DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
- Hafer v. MeloSupreme Court of the United States · 1991
- Mark G. v. SabolNew York Court of Appeals · 1999
- Sinhogar v. ParryNew York Court of Appeals · 1981
- Mark G. v. SabolAppellate Division of the Supreme Court of the State of New York · 1998
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bertoldi v. StateAppellate Division of the Supreme Court of the State of New York · 2000
- Gotlin v. City of New YorkNew York Supreme Court · 2009
- Claims of Torres v. City of New YorkNew York Supreme Court · 2013
- Pressley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2024