Legal Opinion
Sharapata v. Town of Islip
New York Court of Appeals
Decided June 17, 1982PublishedCited by 183 opinions
1Opinion of the Court
*334OPINION OF THE COURT
Fuchsberg, J.
In a matter of first impression in this court, we hold today that the waiver of sovereign immunity effected by section 8 of the Court of Claims Act does not permit punitive damages to be assessed against the State or its political subdivisions.
The issue is presented in the context of a negligence action brought to recover the damages which flowed from injuries sustained by the infant plaintiff, Richard Sharapata, when, as it is alleged, defective slide equipment, on which the child had been invited to play in a public park maintained by the defendant, Town of…
2Cases cited9 opinions
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Sebastian v. WoodSupreme Court of Iowa · 1954
- Sharapata v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by183 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Haywood v. DrownSupreme Court of the United States · 2009
- Ross v. Louise Wise Services, Inc.New York Court of Appeals · 2007
- Brown v. State of New YorkNew York Court of Appeals · 1996
- City of Gladewater v. PikeTexas Supreme Court · 1987
178 more not listed; retrieve them via the Exa API.