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PULITANO v. NATIONWIDE INS. CO.

193 A.D.2d 1055 (1993)

598 N.Y.S.2d 876

Vincent Pulitano, Appellant, v. Nationwide Insurance Co., Defendant, and Andrew P. Meloni, as Sheriff of The County of Monroe, Respondent. (Appeal No. 1.)

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

May 28, 1993

Judgment unanimously affirmed without costs.

Memorandum:

The IAS Court did not err in dismissing the complaint against defendant Meloni. It is well established that "a Sheriff cannot be held personally liable for the acts or omissions of his deputies while performing criminal justice functions, and that this principle precludes vicarious liability for the torts of a deputy" (Barr v County of Albany, 50 N.Y.2d 247...

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