Legal Opinion
Barkan v. Roslyn Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided September 15, 2009PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Skelos, J.
The principal issue on this appeal is whether a board of education that has in sum and substance adopted Public Officers Law § 18 is obligated to provide a defense and indemnification to one of its employees against whom the school district, on behalf of the board of education, has commenced a civil action. We hold that if the board of education or the school district, on its behalf, commences a civil action against one of its employees, neither the duty to defend nor the duty to indemnify arises.
Michael F. Barkan was a volunteer member of the Board of Education…
2Cases cited10 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Frontier Insurance v. StateNew York Court of Appeals · 1995
- Polak v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1992
- Garcia v. AbramsAppellate Division of the Supreme Court of the State of New York · 1983
- Giordano v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wilcox v. Newark Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2015
- Komlosi v. CuomoAppellate Division of the Supreme Court of the State of New York · 2012
- Lancaster v. Inc. Village of FreeportAppellate Division of the Supreme Court of the State of New York · 2012
- Komlosi v. CuomoAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Khader v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2025