HARRIGER v. STATE OF NEW YORK

258 CA 21-00943.

207 A.D.3d 1045 (2022)

172 N.Y.S.3d 248

2022 NY Slip Op 04239

Roy Harriger, Respondent, v. State of New York, Appellant. (Claim No. 126681).

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

Decided July 1, 2022.


Attorney(s) appearing for the Case

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATHLEEN M. TREASURE , OF COUNSEL), FOR DEFENDANT-APPELLANT.

SIVIN, MILLER & ROCHE LLP, NEW YORK CITY ( EDWARD SIVIN OF COUNSEL), FOR CLAIMANT-RESPONDENT.

Present—Smith, J.P., Centra, Peradotto, Lindley and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from a judgment in favor of claimant on his claims for assault and unwarranted use of excessive force, defendant contends that it cannot be held liable under the doctrine of respondeat superior for the acts of the unidentified correction officer who assaulted claimant because the correction officer acted outside the scope of his employment. Defendant...

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