Case law

Cirale v. 80 Pine Street Corp.

35 N.Y.2d 113 · New York Court of Appeals · Jul 15, 1974

It may very well be that the respondents, after conducting their investigation, may not be able to obtain sufficient independent evidence of the facts and circumstances leading to the explosion in order to establish their … These sections do not confer complete immunity from discovery, but merely exclude certain papers from the requirement of mandatory disclosure of public records.

M.G.M. Insulation, Inc. v. Gardner

20 N.Y.3d 469 · New York Court of Appeals · Feb 19, 2013

And, while this construction was dicta in Erie County—a case which turned entirely upon whether the contracted for project qualified as a public work ( 94 AD2d at 537-540 )—it has stuck, with results, likely unforeseen, that … of this disjunction, a highway ramp constructed by a private party pursuant to a State Department of Transportation permit was found to be a public work (id. at 287), but the Appellate Division was constrained to deem it immune

Sebastian Bradt v. . Ephraim Benedict

17 N.Y. 93 · New York Court of Appeals · Mar 5, 1858

It is impossible to consider this provision as intended to limit the rule established by the decisions to which I have referred. … But that rule is qualified by another. In Brinckerhoff v. Brown (7 John. Ch.

Johnson v. City of New York

15 N.Y.3d 676 · New York Court of Appeals · Nov 23, 2010

Supreme Court denied Johnson’s cross motion insofar as relevant to this appeal, and the City’s motion for summary judgment, holding that although the City met its burden of establishing that the officers exercised their professional … The officers clearly had probable cause to fire their weapons at the suspect: they were in pursuit of an armed individual who opened fire on them on a public street, endangering the lives of the officers and the public.

J.A.J. Liquor Store, Inc. v. New York State Liquor Authority

64 N.Y.2d 504 · New York Court of Appeals · Apr 2, 1985

Under Midcal, simply authorizing price setting and enforcing the prices established by private parties are insufficient state acts to confer Parker immunity. … Rather, the Supreme Court establishes the following state actions which may be deemed indicia of active state supervision: price establishment, review of the reasonableness of the price schedules, regulation of the terms

677 New Loudon Corp. v. State of New York Tax Appeals Tribunal

19 N.Y.3d 1058 · New York Court of Appeals · Oct 23, 2012

It is well established that a taxpayer bears the burden of proving any exemption from taxation (see Matter of Grace v New York State Tax Commn., 37 NY2d 193, 195 [1975]). … Clearly, it is not irrational for the Tax Tribunal to decline to extend a tax exemption to every act that declares itself a “dance performance.”

Associated Press v. Bell

70 N.Y.2d 32 · New York Court of Appeals · Jun 4, 1987

In concluding that defendant failed in his burden to establish justification *37 for denying access, the court noted that defendant had "made detailed statements to the public and press disclosing most, if not all, of the … "[T]he content of constitutional immunities is not constant, but varies from age to age.” (Cardozo, Nature of the Judicial Process, at 82-83.)

Laska v. . Harris

215 N.Y. 554 · New York Court of Appeals · Jul 13, 1915

If the. counterclaim is established, it would defeat the plaintiff’s claim. The counterclaim was properly pleaded. (Code of Civil Proc. sec. 501; Isham v. Davidson, 52 N. Y. 237 ; Vandervort v. Mink, 113 App. … The ground upon which the learned trial court dismissed the counterclaim is clearly untenable:. -.The counterclaim rested upon allegations of fraud and-deceit and such an action lies against the persons guilty of the fraud

People v. Duncan

46 N.Y.2d 74 · New York Court of Appeals · Dec 7, 1978

It had previously been established that on prior occasions the two had discussed the means whereby they could separate Mayhew’s aunt from her money. … Further, it is necessary that the witness be clearly and fairly apprised of the statements which may be subject to impeachment (Loughlin v Brassil, 187 NY 128, 134 ).

World Trade Center Bombing Litigation v. Port Authority of New York & New Jersey

93 N.Y.2d 1 · New York Court of Appeals · Feb 16, 1999

This disclosure was qualified only by a confidentiality agreement that was to be negotiated on the remittal at the nisi prius court level. II. … Notably, nothing requires a defendant to establish immunity from liability as a prerequisite to qualifying for an otherwise available privilege at the pretrial discovery stage.

People Ex Rel. Swift v. . Luce

204 N.Y. 478 · New York Court of Appeals · Feb 27, 1912

chapter 692 of the Laws of 1906 the terms of the judges then in office were extended ten years from the date of the act, and it was provided that they should continue in office until their successors were appointed and qualified … An appeal is made to maintain the constitutional safeguards giving the judiciary immunity from arbitrary removal by the legislature or the executive department.

Motor Vehicle Accident Indemnification Corp. v. Eisenberg

18 N.Y.2d 1 · New York Court of Appeals · Jun 9, 1966

injury with the insured or qualified person or with a motor vehicle which the insured or qualified person was occupying at the time of the accident.” … We thus think that where the qualified claimant has established an accident with a hit and run vehicle involving physical contact, the Legislature did not intend to impose the further burden of requiring the claimant to establish

Bush Terminal Co. v. City of New York

282 N.Y. 306 · New York Court of Appeals · Mar 5, 1940

In this case the evidence clearly establishes that the Legislature contemplated that in constructing inland terminals the Port Authority might erect buildings which would include additional space for rental, from which revenue … Property used primarily to obtain revenue or profit is not held for a public use and is not ordinarily immune from taxation, but property held by a State agency primarily for a public use does not lose immunity because the

Clark v. . Dillon

97 N.Y. 370 · New York Court of Appeals · Nov 25, 1884

Without, however, attempting to determine whether an answer denying only such facts as are not admitted, qualified or denied by previous allegations in the answer, under the rule established by the Code requiring facts in … as were qualified.

Rouse v. . Whited

25 N.Y. 170 · New York Court of Appeals · Sep 5, 1862

So, also, by the rule as thus stated, if the plaintiff has but one *Page 174 cause of action, and cannot recover without establishing affirmatively two distinct issuable facts, if for the purpose of establishing one of them … Most clearly he should.

Albright v. Metz

88 N.Y.2d 656 · New York Court of Appeals · Oct 17, 1996

If the property was suitable, *660 defendants would be immune from liability for ordinary negligence as provided by General Obligations Law § 9-103. … Metz’s DEC permit required him to establish procedures to control dumping, disposal and mining in the facility.

Mtr. of Abrams (John Anonymous)

62 N.Y.2d 183 · New York Court of Appeals · May 15, 1984

Recognizing that the relief sought was part and parcel of the ongoing criminal investigation and that the proceeding was clearly criminal in nature, this court dismissed the appeal to our court and remitted to the Appellate … The statute further provides that a person who accepts a premium in excess of the established price of the ticket, plus lawful taxes, from ticket brokers or others may be canceled or suspended from eligibility as a ticket

Barr v. County of Albany

50 N.Y.2d 247 · New York Court of Appeals · May 8, 1980

Should the search warrant afford no such immunity, it becomes necessary to resolve the further issue whether a county can assume liability for the tortious acts of its Deputy Sheriffs. … The remaining plaintiffs have clearly limited their complaints to a cause of action for unlawful arrest and false imprisonment. Of course, negligence is not an element of these tortious acts.

Milhelm Attea & Bros. v. Department of Taxation & Finance

81 N.Y.2d 417 · New York Court of Appeals · Jun 10, 1993

who have registered with the State Department of Taxation and Finance are permitted to purchase unstamped cigarettes, and then only in a predetermined amount calculated by the Department to approximate "probable demand of qualified … Because the State sued the tribe seeking payment for past taxes, the Court’s decision was based upon the doctrine of sovereign immunity rather than on the Indian trader statutes.

People v. Wilson

8 N.Y.2d 391 · New York Court of Appeals · Nov 30, 1960

The relief afforded him is *398 removal of the cloud by dismissal of the indictment—not, however, absolute immunity from punishment or prosecution. … The Legislature, in establishing limitation periods, made that clear. An indictment may be found at any time within the statutory period.