9 Cited authorities

  1. Prozeralik v. Capital Cities

    82 N.Y.2d 466 (N.Y. 1993)   Cited 195 times
    Holding in defamation action that an award of punitive damages requires "circumstances of aggravation or outrage, such as spite or malice, or a fraudulent or evil motive on the part of the defendant, or such a conscious and deliberate disregard of the interests of others that the conduct may be called willful or wanton"
  2. James v. Powell

    19 N.Y.2d 249 (N.Y. 1967)   Cited 226 times
    In James v. Powell, 19 N.Y.2d 249, 225 N.E.2d 741 (N.Y. 1967), the New York Court of Appeals held that Puerto Rican law governed fraudulent conveyance of property to frustrate collection of New York judgment, but that New York had the strongest interest in protection of its judgment creditors and, accordingly, New York law should govern as to whether the judgment debtor's conduct warranted punitive damages.
  3. Laurie Marie M v. Jeffrey T M

    159 A.D.2d 52 (N.Y. App. Div. 1990)   Cited 74 times   2 Legal Analyses
    Finding from prior proceeding that defendant was guilty of sexual abuse in the second degree pursuant to Penal Law § 130.60 was proper basis for granting plaintiff judgment as a matter of law on her battery cause of action
  4. Matter of Williams v. City of New York

    64 N.Y.2d 800 (N.Y. 1985)   Cited 55 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.
  5. In the Matter of Salino

    1 N.Y.3d 166 (N.Y. 2003)   Cited 20 times

    128. Decided December 18, 2003. Theodore D. Sklar, for appellants. Stephen L. O'Brien, for respondent. Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur. KAYE, CHIEF JUDGE. Suffolk County Code § 35-3(A) obligates the County to provide a defense to its employees in any civil action "arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting, or in good faith purporting to act, within the scope of his public employment

  6. Sagal-Cotler v. Bd. of Educ. of the City Sch. Dist. of N.Y.

    2013 N.Y. Slip Op. 2775 (N.Y. 2013)   Cited 6 times

    Nos. 73 74. 2013-04-25 In the Matter of Deborah SAGAL–COTLER, Appellant, v. BOARD OF EDUCATION OF The CITY SCHOOL DISTRICT OF the CITY OF NEW YORK et al., Respondents. In the Matter of Josephine Thomas, Appellant, v. New York City Department of Education et al., Respondents. Office of General Counsel, New York State United Teachers, New York City (Ariana A. Gambella and Richard E. Casagrande of counsel), for appellant in the first above-entitled action. Lichten & Bright, PC, New York City (Stuart

  7. Joseph v. City of Buffalo

    629 N.E.2d 1354 (N.Y. 1994)   Cited 16 times

    Argued January 13, 1994 Decided February 17, 1994 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Irving Fudeman, J. Miserendino, Krull Foley, P.C., Buffalo (Philip Celniker, Michael R. Drumm and Joseph G. Krenitsky of counsel), for appellant. Napier, Fitzgerald Kirby, Buffalo (Kenneth R. Kirby of counsel), for City of Buffalo, respondent. Magavern Magavern, Buffalo (George R. Rich of counsel), for Randie Joseph, respondent. SMITH, J. The primary issue in

  8. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 362,226 times   525 Legal Analyses
    Holding every "person" liable
  9. Section 50-L - Civil actions against employees of the Nassau county police department

    N.Y. Gen. Mun. Law § 50-L   Cited 5 times

    Notwithstanding the provisions of any other law, code or charter, the county of Nassau shall provide for the defense of any civil action or proceeding brought against a duly appointed police officer of the Nassau county police department and shall indemnify and save harmless such police officer from any judgment of a court of competent jurisdiction whenever such action, proceeding or judgment is for damages, including punitive or exemplary damages, arising out of a negligent act or other tort of