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In the Matter of Josephine Thomas, Appellant,v.New York City Department of Education, et al., Respondents.

Brief

20 Cited authorities

  1. Riviello v. Waldron

    47 N.Y.2d 297 (N.Y. 1979)   Cited 664 times
    Concluding that “it suffices that the tortious conduct be a natural incident of the employment”

  2. N. X. v. Cabrini Medical Center

    97 N.Y.2d 247 (N.Y. 2002)   Cited 301 times   1 Legal Analyses
    Holding that hospital resident's sexual assault of patient was outside the scope of employment

  3. Judith M. v. Sisters of Charity Hospital

    93 N.Y.2d 932 (N.Y. 1999)   Cited 285 times
    Holding that hospital orderly's sexual assault of patient was outside the scope of employment

  4. Prudential-Bache v. Citibank

    73 N.Y.2d 263 (N.Y. 1989)   Cited 123 times
    Finding actual knowledge where bank employees themselves allegedly participated in the fraudulent money laundering scheme by preparing improper accounting records with knowledge of the immediate managers

  5. Lundberg v. State of New York

    25 N.Y.2d 467 (N.Y. 1969)   Cited 174 times
    Noting that a corporation is responsible for the conduct of an employee within the scope of the employment

  6. Matter of Williams v. City of New York

    64 N.Y.2d 800 (N.Y. 1985)   Cited 60 times
    In Williams, the court held that a determination by the Corporation Counsel of the City of New York that a New York City correction officer acted outside the scope of employment when he committed acts for which he was later sued was controlling on the duty to defend, subject only to an arbitrary and capricious standard of review.

  7. Holt v. Board of Educ

    52 N.Y.2d 625 (N.Y. 1981)   Cited 54 times
    In Holt v. Bd. of Ed. of Webutucl Centr. Sch. Dist., 52 N.Y.2d 625 (1981), the New York Court of Appeals held that written communications that have become a permanent part of tenured teachers' personnel files are not the equivalent of a disciplinary reprimand that can only be issued after formal charges and a hearing in accordance with § 3020-a.

  8. Perez v. City of N.Y

    79 A.D.3d 835 (N.Y. App. Div. 2010)   Cited 10 times

    No. 2009-08435. December 14, 2010. In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Miller, J.), dated June 11, 2009, which granted the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it and denied her cross motion for summary judgment against the City of New York on the issue of whether the defendant Javier Colon was acting within the scope of

  9. Timmerman v. N.Y

    50 A.D.3d 592 (N.Y. App. Div. 2008)   Cited 12 times
    In Timmerman, the Appellate Division, First Department ordered DOE to reimburse petitioner for the attorneys' fees and expenses he incurred in defending himself against criminal charges.

  10. Morel v. City of New York

    2010 N.Y. Slip Op. 32079 (N.Y. Sup. Ct. 2010)   Cited 7 times

    116668/2009. August 3, 2010. DECISION. ORDER AND JUDGMENT SOLOMOM, J. Petitioner Ramon Morel (Morel), a public school teacher, brings this Article 78 proceeding to annul Respondents' determination not to provide him with counsel to defend him in a federal suit brought against him by a student, and for indemnification in that action under General Municipal Law (GML) 50-k(2) and GML 50-k(3). FACTS Morel is a tenured teacher at the Academy of Environmental Science, a junior high and high school in Manhattan