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Case Citations [1] (July 2017 through August 2018)

handle is hein.ali/relwtrts0330 and id is 1 raw text is: 





                                        TORTS



      DIVISION   ONE.  INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS

CHAPTER 10. PRIVILEGES INTENTIONALLY TO INVADE INTERESTS IN PRESENT AND
                           FUTURE POSSESSION OF CHATTELS

              TOPIC  2. PRVILIEGES ARISING IRRESPECTIVE OF CONSENT

            TITLE  B. PRIVILEGES TO DISPOSSESS ANOTHER OF A CHATTEL

§ 272. Privilege of Person Entitled to Possession

E.D.N.Y.2017. Quot. in sup. Insurer that acquired title to a vessel from insured brought, inter alia, a
conversion claim against company that had performed repairs on the vessel at insured's request, after
company  refused to allow insurer to take possession of the vessel because there was an unpaid balance
for repairs and storage of the vessel. This court denied insurer's motion for summary judgment on its
conversion claim, holding that a question of fact remained as to whether company's qualified refusal to
relinquish possession of the vessel was reasonable, made in good faith, and communicated to insurer,
such that its retention of the vessel was not a conversion under the New York Lien Law. The court noted
that, under Restatement of Torts § 272, a party who was entitled to the immediate possession of a chattel
was not liable to another party for dispossessing the other party of it. National Liability & Fire Insurance
Co. v. Rick's Marine Corp., 268 F.Supp.3d 371, 376.



                              DIVISION   TWO.   NEGLIGENCE

                    CHAPTER 19. RECKLESS DISREGARD OF SAFETY

§ 500. Reckless Disregard of Safety Defined

Conn.2017. Com.  (e) cit. in diss. op. Administrator of the estates of four residents who died in a fire that
broke out in their public-housing facility sued fire department and city officials, alleging that defendants
negligently failed to inspect the facility's smoke-detection equipment for compliance with fire-safety
codes and regulations. The trial court granted summary judgment for defendants, finding that defendants
were immune  from suit under the state's municipal-liability statute. The court of appeals reversed, ruling
that defendants were potentially liable under an exception to the statute for exhibiting reckless disregard
for public health or safety. This court affirmed, holding that a municipal defendant could exhibit
reckless disregard for purposes of the statute when it was clear that the failure to inspect could result in a
catastrophic harm, albeit not a likely one. The dissent cited Restatement of Torts § 500 in arguing that
the magnitude of the risk-including both the likelihood of a harm-causing incident and the severity of
the harm that could ensue-had to be considered in determining recklessness. Williams v. Housing
Authority of the City of Bridgeport, 174 A.3d 137, 162.





          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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