Legal Opinion

Santmyer v. City of Syracuse

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

Decided March 14, 1997Published

1Opinion of the Court

Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in dismissing the complaint on the ground that General Municipal Law § 207-c bars a civil action by a police officer against his employer for an intentional tort. "Section 207-c benefits are applied for and determined in a manner identical to Workers’ Compensation benefits” (O'Dette v Parton, 190 AD2d 1074, 1075). "Intentional injuries are not covered by the Workers’ Compensation Law, and an employee may bring a tort action for such wrongs against the offending…

2Cases cited5 opinions

  1. Burlew v. American Mutual InsuranceNew York Court of Appeals · 1984
  2. O'Dette v. PartonAppellate Division of the Supreme Court of the State of New York · 1993
  3. Elson v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Ralph v. OliverAppellate Division of the Supreme Court of the State of New York · 1992
  5. Ferguson v. Don Davis Auto World, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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