Case law

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.

Rudder v. Pataki

93 N.Y.2d 273 · New York Court of Appeals · May 6, 1999

It established the position of State Director of Regulatory Reform and an office known as the Governor’s Office of Regulatory Reform (GORR). … Furthermore, in the dissent’s view, a holding that there was no standing “would have the practical effect of immunizing the executive order from judicial scrutiny” (id., at 189).

Edwards v. Erie Coach Lines Co.

17 N.Y.3d 306 · New York Court of Appeals · Jun 30, 2011

At the time the plaintiffs’ causes of action arose, New Jersey and Ohio both recognized charitable immunity while New York did not. … The Ohio rule, however, denied immunity in actions based on negligent hiring and supervision. 5 And the plaintiffs’ claims had already been determined to have been barred by the New Jersey doctrine of charitable immunity

DiPalma v. Phelan

81 N.Y.2d 754 · New York Court of Appeals · Dec 22, 1992

In order to state a claim under that statute, the plaintiff must allege, at a minimum, conduct by a person acting under color of law which deprived the injured party of a right, privilege or immunity guaranteed by the Constitution … That burden was not satisfied in plaintiff’s case, since no Federally protected right was clearly established.

F. A. Straus & Co. v. Canadian Pacific Railway Co.

254 N.Y. 407 · New York Court of Appeals · Nov 18, 1930

There it is said: “The rule is firmly established in this State that a common carrier may contract for immunity from its negligence, or that of its agents.” … But both these elementary principles are subordinate to and qualified by the doctrine that neither by comity nor by the will of contracting parties can the public policy of a country be set at naught.”

Matter of Elite Dairy Products v. Ten Eyck

271 N.Y. 488 · New York Court of Appeals · Jul 8, 1936

In some cases the right to delegate powers is expressly provided; in other cases it is clearly implied in the statute. … It could not, however, direct the Commissioner to issue a license where the record does not conclusively establish that the applicant is entitled to it.

People v. Prior

294 N.Y. 405 · New York Court of Appeals · Jul 19, 1945

We should use our power to nullify it, whether or not the talesmen who were ultimately accepted were qualified to serve as grand jurors. … The practice followed in the present case was clearly illegal.

Mark G. v. Sabol

93 N.Y.2d 710 · New York Court of Appeals · Aug 31, 1999

The history of title 4 establishes that the Legislature intended to create financial incentives for local social services districts to provide preventive services. … While this litigation is old, it is important that the claims of the plaintiffs against the municipality be clearly focused.

Tucker v. New York Central & Hudson River Railroad

124 N.Y. 308 · New York Court of Appeals · Feb 24, 1891

St. 35) the court, in considering the age at which an infant should be presumed to-be sui jm'is, say : The law fixes no- arbitrary- period when the immunity of childhood ceases and the responsibilities of" life begin. … The rights, duties and responsibilities o-f infants are clearly defined by the text writers; as well as by numerous decisions..

City of NY v. State of NY

94 N.Y.2d 577 · New York Court of Appeals · Apr 4, 2000

Clearly, a tax paid only by New York State residents who live outside New York City is a matter of substantial State concern. … They present Federal constitutional challenges under the Privileges and Immunities and Commerce Clauses. [5] The Privileges and Immunities Clause The Privileges and Immunities Clause of the United States Constitution (US

Hudson Valley Federal Credit Union v. New York State Department of Taxation & Finance

20 N.Y.3d 1 · New York Court of Appeals · Oct 18, 2012

incorporate similar termino1ogy~ Consequently, *11 these Supreme Court cases are not controlling in determining congressional intent related to the FCUA. 5 Hudson Valley further maintains that federal credit unions were established … Thereafter, the National Credit Union Administration revised its regulations, making it easier for federal credit unions to qualify for community charters to serve larger geographic territories.

People Ex Rel. Stapleton v. . Bell

119 N.Y. 175 · New York Court of Appeals · Jan 28, 1889

disfranchisement of the elector; while, in the other, for the wrong done to the people, or to the individual, penalties and remedies are provided, and tribunals exist for their enforcement against a wrongdoer and for the establishment … If unchecked by punishment the electoral franchise is subjected to further attacks by dishonest partisans, emboldened by past immunity to themselves, or others, to affect the result of elections by fraudulent personations

People Ex Rel. Smith v. Pease

27 N.Y. 45 · New York Court of Appeals · Jun 5, 1863

of establishing such disqualification. … In my opinion, clearly not. The very right to the office is determined by the fact, to whom was the greatest number of legal and duly qualified votes given?

People v. Sabella

35 N.Y.2d 158 · New York Court of Appeals · Jul 11, 1974

He was granted immunity and asked if he had a statement to make. … And although this called for a ruling on the law, the People could not appeal even if it was clearly based on an erroneous view of the law (People v. Marra, 13 N Y 2d 18).

People Ex Rel. Roosevelt Hospital v. . Raymond

194 N.Y. 189 · New York Court of Appeals · Jan 29, 1909

Pratt had endowed it, was sustained, for not being used “ for carrying out thereupon one or more” of the objects of the corporation, within the provisions for immunity of the General Tax Law. … The facts of such a case, as Judge Yann observed in his opinion in the Pratt Institute proceeding, with reference to the first Cooper Union case, make it “ clearly distinguishable ”.

Corning & Horner v. McCullough

1 N.Y. 47 · New York Court of Appeals · Nov 5, 1847

, any exemption or immunity from personal liability for the debts of the company to be contracted in its corporate name and capacity. … Whitlock as establishing the rule.

Seifert v. . City of Brooklyn

101 N.Y. 136 · New York Court of Appeals · Jan 19, 1886

on account of a neglect of the municipality to exercise its *141 power in making desired improvements and other like circumstances, is quite clearly established by the cases The liability in such cases has been generally, … It was held that the corporation was liable for negligence alone, and that, could not be predicated, upon the facts established. McCarthy v.

Clark-Fitzpatrick, Inc. v. Long Island Rail Road

70 N.Y.2d 382 · New York Court of Appeals · Nov 17, 1987

Defendant moved to dismiss the causes of action sounding in negligence and quasi contract, and sought dismissal of the demand for punitive damages on the ground that, as a public benefit corporation, it was immune from such … It is a well-established principle that a simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated (Meyers v Waverly Fabrics, 65 NY2d 75 , 80, n 2;

Metropolitan Life Insurance v. Noble Lowndes International, Inc.

84 N.Y.2d 430 · New York Court of Appeals · Oct 25, 1994

It found, as a matter of law, that the proof did not establish any such tortious conduct, but merely an intentional abandonment which was held insufficient to invoke the exception. … Plaintiff’s construction of the general limitation on liability section, essentially restricting it to inadvertent breaches in the course of defendant’s performance of the contract, clearly is inconsistent with sections 1

Lunney v. Prodigy Services Co.

94 N.Y.2d 242 · New York Court of Appeals · Dec 2, 1999

Moreover, we are unwilling to deny Prodigy the common-law qualified privilege accorded to telephone and telegraph companies. … While many decisions serve to establish rules that advance predictability, courts cannot go beyond the issues necessary to decide the case at hand.