Legal Opinion

Joseph v. City of Buffalo

New York Court of Appeals

Decided February 17, 1994PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The primary issue in this case is whether defendant City of Buffalo is entitled to summary judgment on the issue of its vicarious liability for the acts of defendant Joseph, an off-duty police officer, that resulted in severe injuries to his infant son.

On December 10, 1976, at approximately 8:00 a.m., defendant Randie Joseph, a police officer with the Buffalo Police Department, completed his eight-hour work shift and returned home carrying his loaded police service revolver. Defendant then went to the upstairs bedroom of his infant children, where he lay down on…

2Cases cited3 opinions

  1. Joseph v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1992
  2. Kull v. City of New YorkNew York Court of Appeals · 1973
  3. Kull v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by16 opinions

  1. Dilworth v. GoldbergDistrict Court, S.D. New York · 2012
  2. Rausman v. BaughAppellate Division of the Supreme Court of the State of New York · 1998
  3. Haybeck v. Prodigy Services Co.District Court, S.D. New York · 1996
  4. Melcher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  5. Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010

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