AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

MEHRAN J. MARASHIAN, JR., Respondent, v. CITY OF UTICA, Defendant, and County of Oneida, Appellant.

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 respondeat superior, in the absence of a local law assuming such responsibility (see, Schulik v County of Monroe, 202 A.D.2d 960; Wilson v Sponable, 81 A.D.2d 1, 10-12, appeal dismissed 54 N.Y.2d 834; cf., Barr v County of Albany, 50 N.Y.2d 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 the county for the acts of the Sheriff or his deputies on a theory of respondeat superior (see, Wilson v Sponable, supra, at 11-12). Oneida County failed to provide evidence that it had no local law whereby it assumed liability for the acts of the Sheriff and his deputies (cf., Schulik v County of Monroe, supra). Consequently, its motion for summary judgment was properly denied.

Use AI to get other relevant cases.

Comments

MARASHIAN v. CITY OF UTICA
(Apr 28, 1995)