New York Court of Appeals, 1985

Frazier v. State

New York Court of Appeals · Decided February 5, 1985 · Wachtler and Judges Jasen, Meyer, Simons and Kaye Concur in Memorandum Judge Alexander Taking No Part

64 N.Y.2d 802; 486 N.Y.S.2d 919; 476 N.E.2d 318; 1985 N.Y. LEXIS 17599

Cases that cite this one

13 later published cases cite this decision.

Gaffney v. City of Chicago (Ill. App. Ct. 1998)
McCummings v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1992)
Jose Rivera v. State of New York (N.Y. 2019)
Ryga v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2005)
Graham v. City of New York (Appellate Division of the Supreme Court of New York 2003)
Becker v. City of New York (Civil Court of the City of New York 2002)
Lopez v. Triborough Bridge & Tunnel Authority (New York Supreme Court 2000)
Gaffney v. City of Chicago (Ill. App. Ct. 1998)
Moustaffa v. City of New York (Appellate Division of the Supreme Court of New York 1998)
DeJesus v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1994)
Mastroianni v. Inc. Village of Hempstead (Appellate Division of the Supreme Court of New York 1990)
Parris v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 1986)
Arriaga v. State (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and a new trial granted.

Claimant brought this action to recover damages for personal injuries he sustained on October 10, 1979 when one Robert Warner, an off-duty New York State correction officer employed at Green Haven Correctional Facility, shot him in the foot. Claimant, a bystander, was walking on the grounds of a housing project in Manhattan at the time and was injured when Warner shot him while pursuing two other men after they had allegedly robbed him. Warner, a peace officer (see, CPL [former] 1.20 [33]), was authorized under applicable statutes to arrpst the robbers whether or not he was acting pursuant to his special duties if he had reasonable cause to believe that they had committed a felony (CPL 140.25 [3]). The Appellate Division acknowledged this authority but nevertheless held as a matter of law that the State could not be liable for the acts of a peace officer making an arrest while off duty (see, 100 AD2d 270). In light of the statutory and departmental authorization for peace officers to carry firearms (Penal Law [former] § 265.20 [a] [1] [a]), to make arrests when off duty (CPL 140.25 [3]) and to use force in doing so (Penal Law § 35.30), the claim presents questions of fact requiring a trial to determine whether Warner was negligent and, if so, whether the State is liable under traditional concepts of respondeat superior (see, Riviello v Waldron, 47 NY2d 297, 302, 303; Restatement [Second] of Agency § 229; and cf. Alifieris v American Airlines, 63 NY2d 370).

Chief Judge Wachtler and Judges Jasen, Meyer, Simons and Kaye concur in memorandum; Judge Alexander taking no part.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.