Case law

Crown Communication New York, Inc. v. Department of Transportation

4 N.Y.3d 159 · New York Court of Appeals · Feb 10, 2005

For example, the State is currently in the process of developing its telecommunications infrastructure in anticipation of establishing a Statewide Wireless Network (SWN), which will replace outdated systems with a state-of-the-art … Rather, the licensing of space to commercial wireless providers is an integral component of the State’s plan of promoting public safety and reducing the proliferation of cellular towers, clearly salient public purposes.

City of Utica v. Churchill

33 N.Y. 161 · New York Court of Appeals · Sep 15, 1865

The argument drawn from the possible abuse of a power clearly legitimate, except on account of such liability to abuse, is carried quite too far, and is not justified by the circumstances of the case, or the common experience … 1864, the lenders who received them must be considered as entering into 'the transaction with a knowledge of, and subject to all the pro *237 visions of the public law by which the exemption expressed on their face was qualified

Lane v. Johnson

283 N.Y. 244 · New York Court of Appeals · Jul 23, 1940

would not submit its statute to the voters for approval and plenary power, if it did decide to direct such submission, to determine what notice should be given to the electors, irregularity in giving such notice *255 is clearly … Article XII of the Constitution (before it was amended in manner formulated by the Constitutional Convention of 1938) dealt with the organization, powers and immunities of cities.

Krohn v. New York City Police Department

2 N.Y.3d 329 · New York Court of Appeals · May 4, 2004

In short, persons claiming gender-based employment discrimination cannot recover punitive damages pursuant to section 8-502 as the provision does not clearly, expressly and specifically waive New York City’s sovereign immunity … “In the overwhelming majority of jurisdictions which have considered the question, it is now firmly established that exemplary or punitive damages are not recoverable unless expressly authorized by statute or through statutory

MATTER OF ALIESSA v. Novello

96 N.Y.2d 418 · New York Court of Appeals · Jun 5, 2001

Under title IV, aliens are divided into two categories: qualified aliens and non-qualified aliens (see, 8 USC § 1641 ). … Although we are not dealing with the Privileges and Immunities Clause of the United States Constitution here, the concern for uniformity is similarly present. 18 .

Dunham v. Ottinger

243 N.Y. 423 · New York Court of Appeals · Nov 16, 1926

conferred by statutes of other States which have proceeded upon the theory that the business of dealing in and selling securities to the public is one of such public concern and subject to such widespread abuses that it is clearly … It does give ample protection against the use of such testimony in our own tribunals and it is perfectly well established that this is a sufficient immunity; that all that the State is required to or can do is to give immunity

Colt v. New Jersey Tr. Corp.

2024 NY Slip Op 05867 · New York Court of Appeals · Nov 25, 2024

The State has thus clearly disclaimed any legal liability for judgments against NJT, counseling against treating NJT as an arm of New Jersey. … In the United States, the so-called "restrictive theory" of sovereign immunity is enshrined in the Foreign Sovereign Immunities Act of 1976 (FSIA), which establishes criteria for when a foreign state can be subjected to civil

Haywood v. Drown

9 N.Y.3d 481 · New York Court of Appeals · Nov 27, 2007

The States thus have great latitude to establish the structure and jurisdiction of their own courts. . . . … Thus, neither the State’s policy judgment nor the purpose underlying such judgment qualifies as a neutral rule of judicial administration.

Liberman v. Gelstein

80 N.Y.2d 429 · New York Court of Appeals · Nov 24, 1992

Thus, Gelstein had a qualified right to communicate his suspicions— though defamatory of Liberman — to Kohler. … Only the latter establishes reckless disregard in a defamation action.

Price v. New York City Housing Authority

92 N.Y.2d 553 · New York Court of Appeals · Nov 24, 1998

Today, in Burgos v Aqueduct Realty Corp. ( 92 NY2d 544 ), the Court delineates the standard for establishing proximate cause in suits against landlords for negligently secured premises by tenants injured as a result of a … However, it remains immune from negligence claims arising out of governmental functions such as police protection unless a special re *558 lationship with a person creates a specific duty to protect, and that person relies

Rauch v. Jones

4 N.Y.2d 592 · New York Court of Appeals · Jun 25, 1958

As the only negligence alleged in the amended complaint consists of negligent acts and omissions ascribed to the operator of the vehicle, plaintiff clearly seeks to recover for injury caused solely “ by the negligence or … There the negligence of the employee having been established, liability ensued under the rule of respondeat superior. The employer, of course, could not avail itself of the personal immunity of the husband.

Lauer v. City of New York

95 N.Y.2d 95 · New York Court of Appeals · May 16, 2000

We explained that: “An intention to impose upon the city the crushing burden of such an obligation should not be imputed to the Legislature in the absence of language clearly designed to have that effect. * * * “Such [City … It establishes the Office of the Chief Medical Examiner as part of the City’s Department of Health, and requires performance of autopsies and preparation of reports for the benefit of the public at large.

People v. . Katz

209 N.Y. 311 · New York Court of Appeals · Oct 28, 1913

Nothing could more clearly illustrate the vice of permitting a general exception to the refusal to charge a mass of requests than the result in the case at bar. … At the opening of the trial the district attorney admitted that he had promised immunity to Clark if he would become a witness against the defendant.

National Contracting Co. v. Hudson River Water Power Co.

170 N.Y. 439 · New York Court of Appeals · Apr 8, 1902

The question presented by this demurrer is whether the clause in the contract above referred to, comes within the rule which nullifies contracts ousting the courts of their jurisdiction, or within another and equally well-established … by what follows, the contract would clearly come within the rule laid down in Haggart v.

Mayor of New York v. Dry Dock, East Broadway & Battery Railroad

133 N.Y. 104 · New York Court of Appeals · Apr 12, 1892

It was, therefore, competent for this defendant upon the trial to give evidence of such facts as would establish, or tend to establish, that the convenience of passengers, or of the public, did not require the running of … When the law is positive and plain in its terms and requirements, and if it does not conflict with any constitutional rights or immunities, then that strict compliance must be enforced which a fair reading demands, and construction

In re Claim of Albertson

8 N.Y.2d 77 · New York Court of Appeals · May 26, 1960

Certainly, a deprivation of " immunities ’ ’ may not be read to confer an immunity from taxation and, just as surely, a loss of “ rights ” and “ privileges ” can hardly be said to grant a freedom from the" obligation to pay … His employment with the Communist Party has been treated as essential to qualify him for such benefits. .

Valarino v. . Thompson

7 N.Y. 576 · New York Court of Appeals · Apr 5, 1853

The *578 extent of the immunities to which a consul is entitled, under the law of nations, does not appear to be very clearly defined by writers on public law. … Stat. 73), establishes district courts and defines their authority. (§§ 2, 3, 9.)

Pecue v. . West

233 N.Y. 316 · New York Court of Appeals · Apr 25, 1922

Here no action for slander will lie “ although express malice as well as the absolute falsity of the charge can be established by proof.” … As has been pointed out, the English rule of complete immunity to counsel and witnesses in proceedings in court, with us is limited to these matters relevant to the proceedings in which they are engaged.

People v. Fernandez

2026 NY Slip Op 03915 · New York Court of Appeals · Jun 23, 2026

Along these lines, counsel could have sought to establish that what would otherwise appear unreasonable—a promise of complete immunity and money in exchange for defendant's inculpatory statements—was reasonable to defendant … Investigation into defendant's mental health and substance abuse history would have revealed important information relevant to a defense strategy clearly in need of bolstering.

Wallace v. Motor Vehicle Accident Indemnification Corp.

25 N.Y.2d 384 · New York Court of Appeals · Nov 26, 1969

set forth in §618 of the Insurance Law have been established ”; and thereupon granted plaintiff’s application for permission to bring an action. … If there is any possibility that a claimant might be an insured under an existing policy, the fact must be established before the section 618 machinery may be employed.