11 Cited authorities

  1. Riviello v. Waldron

    47 N.Y.2d 297 (N.Y. 1979)   Cited 662 times
    Concluding that “it suffices that the tortious conduct be a natural incident of the employment”
  2. 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.
  3. Ricca v. Board of Educ

    47 N.Y.2d 385 (N.Y. 1979)   Cited 62 times
    Finding that petitioner's teaching service prior to formal appointment counted toward probationary service because "petitioner was indeed serving as a full-time teacher of woodworking"
  4. 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.
  5. Perez v. City of New York

    43 A.D.3d 712 (N.Y. App. Div. 2007)   Cited 11 times

    No. 1503-1503A. September 18, 2007. Judgment, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered December 16, 2005, after a jury trial, awarding plaintiff damages in the principal sum of $1.1 million, and judgment, same court and Justice, entered December 6, 2005, which, after a hearing before Anne E. Targum, J., awarded defendant Healy indemnification against defendant City for legal fees and expenses in the amount of $31,000, unanimously reversed, on the law, without costs, and

  6. Blood v. Board of Educ

    121 A.D.2d 128 (N.Y. App. Div. 1986)   Cited 26 times
    In Blood, when a teacher who was angered by a student snatched his book bag from him, the bag struck another student and injured her (121 A.D.2d at 130–131, 509 N.Y.S.2d 530).
  7. Matter of Inglis v. Dundee Central School Dist. Bd.

    (N.Y. Sup. Ct. Mar. 1, 1999)   Cited 11 times
    Applying standard that governs duty to defend to a case that concerns only payment of defense expenses
  8. Stewartson v. Gristede's Supermarket, Inc.

    271 A.D.2d 324 (N.Y. App. Div. 2000)   Cited 7 times

    April 20, 2000. Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered December 14, 1998, which, upon the prior grant of defendant's post-trial motion for a directed verdict, dismissed the complaint in this personal injury action, unanimously reversed, on the law, with costs, defendant's post-trial motion seeking a directed verdict denied and the matter remanded to the trial court for determination of that part of defendant's motion which sought to set the jury's verdict aside as excessive

  9. De Wald v. Seidenberg

    297 N.Y. 335 (N.Y. 1948)   Cited 55 times
    In De Wald v. Seidenberg (297 N.Y. 335, 338), the Court of Appeals held it was established law in this jurisdiction that: "`The master who puts the servant in a place of trust or responsibility, or commits to him the management of his business or the care of his property, is justly held responsible when the servant, through lack of judgment or discretion, or from infirmity of temper, or under the influence of passion aroused by the circumstances and the occasion, goes beyond the strict line of his duty or authority, and inflicts an unjustifiable injury upon another.'"
  10. Cutler v. Poughkeepsie City School District

    73 A.D.2d 967 (N.Y. App. Div. 1980)   Cited 5 times

    January 28, 1980 In a proceeding pursuant to CPLR article 78 to compel the Poughkeepsie City School District to reimburse petitioner for attorney costs incurred in defense of a criminal charge of sexual abuse leveled against him by one of his students, enrolled in one of the school district's schools, the appeal is from a judgment of the Supreme Court, Dutchess County, entered June 12, 1979, which granted the petition. Judgment affirmed, with $50 costs and disbursements. Section 3028 Educ. of the

  11. Section 19.5 - Prohibition of corporal punishment, aversive interventions, and seclusion and the authorized limited use of timeout and physical restraint

    N.Y. Comp. Codes R. & Regs. tit. 8 § 19.5   Cited 16 times   1 Legal Analyses
    Defining aversive interventions