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WONG v. CITY OF NEW YORK

174 A.D.2d 486 (1991)

Kenny Wong, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 18, 1991

The issue of whether a City employee was acting within the scope of his employment and is thus entitled to representation by the Corporation Counsel and indemnification by the City is to be determined in the first instance by the Corporation Counsel (General Municipal Law § 50-k [2]) and his determination may be set aside only if it lacks a factual basis, and in that sense, is arbitrary and capricious. (Matter of Williams...

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