Home/Appellate Division of the Supreme Court of New York/Hartford Insurance v. Hale

Hartford Insurance v. Hale

154 A.D.2d 909
Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1989·Published

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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Hartford Insurance v. Hale, 154 A.D.2d 909 (N.Y. Ct. App. 1989).

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Related

Matter of Bird v. McGoldrick
14 N.E.2d 805 (New York Court of Appeals, 1938)
Tillinghast v. . Merrill
45 N.E. 375 (New York Court of Appeals, 1896)
City of New York v. . Fox
133 N.E. 434 (New York Court of Appeals, 1921)
Fidelity & Casualty Co. v. Finch
3 A.D.2d 141 (Appellate Division of the Supreme Court of New York, 1957)
Town of Evans v. Catalino
88 A.D.2d 780 (Appellate Division of the Supreme Court of New York, 1982)
Town of Evans v. Catalino
103 Misc. 2d 261 (New York Supreme Court, 1979)