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JOSEPH v. CITY OF BUFFALO

83 N.Y.2d 141 (1994)

629 N.E.2d 1354

608 N.Y.S.2d 396

Susan Joseph, as Parent and Natural Guardian of Randie Joseph, II, an Infant, Appellant, v. City of Buffalo et al., Respondents. (And Another Action.)

Court of Appeals of the State of New York.

Decided February 17, 1994.

Attorney(s) appearing for the Case

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.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur; Judge TITONE taking no part.

SMITH, J.

The primary issue in this case is whether defendant City of Buffalo is entitled to summary judgment on the issue of its vicarious liability for the acts of defendant Joseph, an off-duty police officer, that resulted in severe injuries to his infant son.

On December 10, 1976, at approximately 8:00 A.M., defendant Randie Joseph, a police officer with the Buffalo Police Department, completed his...

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