Determining if a county is obligated to provide for the defense and indemnification a county officer named as a defendant in a lawsuit against the County

Determining if a county is obligated to provide for the defense and indemnification a county officer named as a defendant in a lawsuit against the County  Dunn v County of Niagara, 2018 NY Slip Op 03271, Appellate Division, Fourth DepartmentDanny P. Dunn, Sr. and Anita L. Dunn sued the County of Niagara [County] and Russell Jackman [Jackman], then a coroner employed by the County, in "action sounding in negligent infliction of emotional distress."In his answer, Jackman contended that the County was obligated to defend and indemnify him pursuant to Public Officers Law §18. The County objected but Supreme Court determined that the County must provide Jackman with a defense by an attorney of his choosing and must reimburse him for his legal costs incurred to the date of the order. The County appealed and the Appellate Division ruled that Supreme Court should have denied Jackman's motion.The Appellate Division explained the County's duty to defend an…

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