Lepore v. Town of Greenburgh

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• retaining allegations of vicarious liability against Town for the actions of its police officer employee
• “Unlike cases commenced under 42 U.S.C. § 1983, municipalities may be Supp. 3d 586, 603 (W.D.N.Y. 2019
• under New York law, municipalities can incur vicarious liability for common law torts committed by their employees
• “[M]unicipalities may be liable, under the doctrine of respondeat superior, for the common law torts, such as false arrest, malicious prosecution, assault, and battery, committed by their employees.”
• the lower court erred in denying defendants’ motion to dismiss because plaintiffs “failed to raise a triable issue of fact as to whether they exercised due diligence in attempting to identify and serve the [‘john doe’ defendants]” before the statute of limitations expired

Source: CourtListener parenthetical corpus (CC0).