Legal Opinion

Isereau v. Stone

New York Supreme Court

Decided March 12, 1955PublishedCited by 12 opinions

1Opinion of the CourtHudson, J.

This is a motion by the defendants for an order dismissing the complaint on the ground that it appears upon the face thereof that it does not state facts sufficient to constitute a cause of action.

The action was instituted against Albert E. Stone, individually and as Sheriff of Onondaga County, and the County of Onondaga. Both defendants are represented by the County Attorney of Onondaga County.

Section 5 of article IX of the Constitution of the State of New York provides: “But the county shall never be made responsible for the acts of the sheriff.”

It would seem clear under this provision of…

2Cases cited22 opinions

  1. Bernardine v. City of New YorkNew York Court of Appeals · 1945
  2. Steitz v. City of BeaconNew York Court of Appeals · 1945
  3. McCrink v. City of New YorkNew York Court of Appeals · 1947
  4. Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
  5. Murrain v. Wilson Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1946

17 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Jeffes v. BarnesCourt of Appeals for the Second Circuit · 2000
  2. Zibbon v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 1976
  3. Wrynn v. United StatesDistrict Court, E.D. New York · 1961
  4. Doe v. HendricksNew Mexico Court of Appeals · 1979
  5. Riss v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1967

7 more not listed; retrieve them via the Exa API.

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