Carney v. City of Utica, 148 A.D.2d 927 (N.Y. App. Div. 1989). · Go Syfert
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Carney v. City of Utica, 148 A.D.2d 927 (N.Y. App. Div. 1989). Cases Citing This Book View Copy Cite
8 citation events (3 in the last 25 years) across 3 distinct courts.
Strongest positive: Devon Hillman v. The City of Oswego; Oswego City Police Department; Sergeant Tom Rupert; Investigator Kevin Hadcock; Officer Stephen Weber; Officer Joshua Martin; Officer John Doe #1; Sergeant John Doe #1; Investigator John Doe #1; Officers John Doe #2-5; Dispatcher John Doe (nynd, 2026-01-06)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Devon Hillman v. The City of Oswego; Oswego City Police Department; Sergeant Tom Rupert; Investigator Kevin Hadcock; Officer Stephen Weber; Officer Joshua Martin; Officer John Doe #1; Sergeant John Doe #1; Investigator John Doe #1; Officers John Doe #2-5; Dispatcher John Doe
N.D.N.Y. · 2026 · signal: see · confidence high
See Carney v. City of Utica, 148 A.D.2d 927 (1989) (collecting cases); see also City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981) (“[W]e find that considerations of history and policy do not support exposing a municipality to punitive damages for the bad-faith actions of its officials.”) Accordingly, insofar as plaintiff requests punitive damages from the City, that request will be rejected.
discussed Cited "see" Drisdom v. Niagara Falls Memorial Medical Center
N.Y. App. Div. · 2008 · signal: see · confidence high
The court erred, however, in granting that part of the cross motion for summary judgment dismissing the claims for punitive dam ages against Nichols because “[t]he immunity of a municipality from punitive damages does not extend to individual police officers” (Staudacher v City of Buffalo, 155 AD2d 956, 956 [1989]; see Carney v City of Utica, 148 AD2d 927 [1989]), and we therefore modify the order accordingly.
Retrieving the full opinion text from the archive…
Jody E. Carney
v.
City of Utica
Appellate Division of the Supreme Court of the State of New York.
Mar 10, 1989.
148 A.D.2d 927
Cited by 3 opinions  |  Published

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action against the City of Utica and several of its police officers, Supreme Court granted summary judgment to all defendants dismissing plaintiff’s claims for punitive damages. Relying on Myers v City of Rochester (116 Mise 2d 83), the court found that the city was[*928] the real party in interest by virtue of its indemnity obligation, and that the municipality was immune from claims for punitive damages (see, Sharapata v Town of Islip, 56 NY2d 332).

The court correctly dismissed the punitive damages claims against the city, but the immunity of the municipality does not extend to the individual police officers (see, Kelly v Kane, 98 AD2d 861, 863; La Mar v Town of Greece, 97 AD2d 955, 956; Miller v City of Rensselaer, 94 AD2d 862, 863). We reinstate the punitive damages claims against the individual defendants on those causes of action left undisturbed by Supreme Court. (Appeal from order of Supreme Court, Oneida County, O’Donnell, J. — summary judgment.) Present — Dillon, P. J., Boomer, Green, Pine and Davis, JJ.