Pulitano v. Nationwide Insurance

Judgment unanimously affirmed without costs. Memorandum: The IAS Court did not err in dismissing the complaint against defendant Meloni. It is well established that "a Sheriff cannot be held personally liable for the acts or omissions of his deputies while performing criminal justice functions, and that this principle precludes vicarious liability for the torts of a deputy” (Barr v County of Albany, 50 NY2d 247, 257; see also, Urbanski v County of Monroe, 134 AD2d 925; Hooper v Meloni, 123 AD2d 511). It is not disputed that the vehicle that *1056plaintiff was storing on his premises for an…