Legal Opinion

Sharapata v. Town of Islip

Appellate Division of the Supreme Court of the State of New York

Decided July 20, 1981PublishedCited by 63 opinions

1Opinion of the Court

*351OPINION OF THE COURT

Titone, J. P.

The primary question on appeal is whether the State of New York and its political subdivisions such as the defendant town, may ever be subject to punitive damages. Subsumed in such question (assuming the answer to it is in the affirmative), is whether the new matter alleged in plaintiffs’ proposed amended complaint sets forth facts upon which punitive damages may be awarded against the defendant municipality.

FACTS

At approximately noon on July 27,1976, the infant plaintiff, Richard Sharapata, 12 years of age at the time, was' playing in a neighborhood park…

2Cases cited31 opinions

  1. Missouri Pacific Railroad v. AultSupreme Court of the United States · 1921
  2. East Asiatic Co. v. CorashAppellate Division of the Supreme Court of the State of New York · 1970
  3. Chappell v. City of SpringfieldSupreme Court of Missouri · 1968
  4. Gill v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1954
  5. Foss v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1973

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3Cited by63 opinions

  1. Sharapata v. Town of IslipNew York Court of Appeals · 1982
  2. County of Westchester v. Welton Becket AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
  3. Bank Leumi Trust Co. v. D'Evori International Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Bonsignore v. City of New YorkCourt of Appeals for the Second Circuit · 1982
  5. Katt v. City of New YorkDistrict Court, S.D. New York · 2001

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

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