DAILY GAZETTE v. SCHENECTADY


242 A.D.2d 164 (1998)

673 N.Y.S.2d 783

In the Matter of Daily Gazette Company et al., Appellants, v. City of Schenectady et al., Respondents

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

June 4, 1998


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, Albany (Andrew C. Rose of counsel), for Daily Gazette Company, appellant.

McNamee, Lochner, Titus & Williams, Albany (Michael J. Grygiel of counsel), for Capital Newspapers Division of the Hearst Corporation, appellant.

L. John Van Norden, Corporation Counsel of City of Schenectady, for respondents.

Grasso & Grasso, Schenectady (Jane K. Finin of counsel), for Schenectady Police Benevolent Association, amicus curiae.

MERCURE, J. P., and WHITE, J., concur with SPAIN, J.; PETERS and CARPINELLO, JJ., dissent in a separate opinion by PETERS, J.


SPAIN, J.

In the early morning hours of May 11, 1997, 18 off-duty police officers employed by respondent City of Schenectady in Schenectady County were among the passengers on a bus chartered for a police officer's bachelor party. During their tour of local night spots a number of passengers on the bus, including some of the Schenectady policemen, got into a fracas with the occupants of an automobile during...

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