Legal Opinion
Marashian v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 1995PublishedCited by 21 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: A county may not be held responsible for the negligent acts of the Sheriff and his deputies on the theory of respondent superior, in the absence of a local law assuming such responsibility (see, Schulik v County of Monroe, 202 AD2d 960; Wilson v Sponable, 81 AD2d 1, 10-12, appeal dismissed 54 NY2d 834; cf., Barr v County of Albany, 50 NY2d 247, 256-257). The 1989 amendment to New York Constitution, article XIII, § 13 (a) merely allows a county to accept responsibility for the negligent acts of the Sheriff; it does not impose liability upon…
2Cases cited3 opinions
- Barr v. County of AlbanyNew York Court of Appeals · 1980
- Wilson v. SponableAppellate Division of the Supreme Court of the State of New York · 1981
- Schulik v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by21 opinions
- Cayuga Indian Nation of New York v. Village of Union SpringsDistrict Court, N.D. New York · 2003
- Trisvan v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 2006
- Villar v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2015
- Freeland v. Erie CountyAppellate Division of the Supreme Court of the State of New York · 2014
- Santiamagro v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 1996
16 more not listed; retrieve them via the Exa API.