Legal Opinion

Glowinski v. Braun

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1984PublishedCited by 14 opinions

1Opinion of the Court

Order unanimously reversed, with costs, and motions denied. Memorandum: In this action for false arrest, the court erred in dismissing the complaint against Sheriff Braun. Although a Sheriff is not liable for the torts of his deputies while performing criminal functions, he is liable for their torts while performing civil functions (Barr v County of Albany, 50 NY2d 247, 257; Isereau v Stone, 3 AD2d 243). In executing the warrant of arrest issued pursuant to section 153 of the Family Court Act, the Sheriff’s deputies were performing a civil function, since the Family Court proceeding in which…

2Cases cited11 opinions

  1. Tango v. TulevechNew York Court of Appeals · 1983
  2. Barr v. County of AlbanyNew York Court of Appeals · 1980
  3. Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
  4. Waterman v. StateAppellate Division of the Supreme Court of the State of New York · 1963
  5. Santangelo v. StateAppellate Division of the Supreme Court of the State of New York · 1984

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Boland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  2. Soderlund v. MerriganConnecticut Appellate Court · 2008
  3. Boland v. StateNew York Court of Claims · 1994
  4. Davis v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  5. Gayle v. StateNew York Court of Claims · 1987

9 more not listed; retrieve them via the Exa API.

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