Hartford Insurance v. Hale
This text of 154 A.D.2d 909 (Hartford Insurance v. Hale) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order unanimously reversed on the law without costs and motion granted. Memorandum: Summary judgment should have been granted to plaintiff against defendant, a town supervisor, even though there was no showing of negligence on his part. It is undisputed that town funds had been converted during defendant’s term of office. A public officer is strictly liable for the loss of public funds received by virtue of his office (Matter of Bird v McGoldrick, 277 NY 492; City of New York v Fox, 232 NY 167, 169; Tillinghast v Merrill, 151 NY 135, 142; Fidelity & Cas. Co. v Finch, 3 AD2d 141, 143; Town of Evans v Catalino, 103 Misc 2d 261, 266, affd 88 AD2d 780, lv dismissed 58 NY2d 687). (Appeal from order of Supreme Court, Allegany County, Sprague, J. — summary judgment.) Present — Dillon, P. J., Boomer, Green, Lawton and Davis, JJ.
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154 A.D.2d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartford-insurance-v-hale-nyappdiv-1989.