Legal Opinion
McCarthy v. City of Saratoga Springs
Appellate Division of the Supreme Court of the State of New York
Decided June 29, 1945PublishedCited by 19 opinions
1Opinion of the CourtHill, P. J.
The plaintiff appeals from an order which dismissed his complaint. It was pleaded that a police officer in the employ of the defendant City, and while acting as such willfully assaulted plaintiff and inflicted substantial injury. The dismissal was upon the theory that the police officer, although employed by the defendant, was engaged in performing a governmental function, and that the City was hot responsible for his acts in that capacity. The Special Term followed the authorities which preceded Bloom v. Jewish Board of Guardians (286 N. Y. 349).
The State waived its immunity from liability…
2Cases cited5 opinions
- Jackson v. State of New YorkNew York Court of Appeals · 1933
- Holmes v. County of ErieNew York Court of Appeals · 1944
- Paige v. State of New YorkNew York Court of Appeals · 1936
- Holmes v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1943
- Bloom v. Jewish Board of GuardiansNew York Court of Appeals · 1941
3Cited by19 opinions
- McAndrew v. MularchukSupreme Court of New Jersey · 1960
- Jones v. State of New YorkNew York Court of Appeals · 1973
- Sharapata v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1981
- Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- County of Nassau v. South Farmingdale Water DistrictAppellate Division of the Supreme Court of the State of New York · 1978
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