Wilson v. Sponable

We dissent from the majority opinion insofar as it holds that a county is not vicariously liable for the tortious acts of the employees maintaining its jail. The State would be vicariously liable for the negligence of its employees if Jerome Wilson had injured himself while a prisoner in State prison or in. the State Police barracks (see Gioia v State of New York, 16 AD2d 354, 356-357, app from remand 22 AD2d 181, 185, and cases cited therein), and a municipality similarly would be liable if he had done so while a prisoner in a municipal jail (O’Grady v City of Fulton, 4 NY2d 717; Dunham v…