Case law

Matter of Application of Union Ferry Co.

98 N.Y. 139 · New York Court of Appeals · Feb 3, 1885

” It is not a grant of an immunity, and if it comes under either head, it must be that of a “ privilege ” or a “franchise.” … That objection is clearly untenable. Where the taking of private property, for a use claimed to be public, is authorized by the legislature, its determination of the public character of the use is not conclusive.

In Re the Estate of D'Adamo

212 N.Y. 214 · New York Court of Appeals · Jul 14, 1914

They are not qualified to act as his administrators: The brother, under the law as it stood when letters were refused to him, and as it stands to-day, is qualified to act, unless his lack of interest in the estate disqualifies … But the words “ so far as the laws of each noun-try will permit ” may fairly be construed as qualifying *223 the whole sentence.

In re the City of New York

22 N.Y.2d 613 · New York Court of Appeals · Oct 10, 1968

State of New York , 3 N Y 2d 37, 40) and aware that findings of value supported by substantial evidence are immune from our *621 probing (Matter of City of New York [Sound View Houses], 307 N. … The cost of individual records was established, and the final claim was proved in this manner.

Bower Associates v. Town of Pleasant Valley

2 N.Y.3d 617 · New York Court of Appeals · May 13, 2004

The Appellate Division reversed and dismissed the complaint, concluding that Home Depot had failed to raise a triable issue of fact as to a due process violation and that defendants were entitled to qualified immunity, rendering … We now affirm as to the lack of a constitutional violation, and thus need not reach the immunity issue. II.

Bradford Central School District v. Ambach

56 N.Y.2d 158 · New York Court of Appeals · May 11, 1982

That interest in hiring qualified teachers means that the board of education comes within the “zone of interest” necessary to establish standing. (Matter of Dairylea Coop. v Walkley, 38 NY2d 6, 9 .) … Clearly, the other concerned parties — the teacher and the Commissioner of Education — will not seek a review of the commissioner’s determination.

People v. . Doty

175 N.Y. 164 · New York Court of Appeals · May 19, 1903

But it is to be noted that Judge Alleh took occasion to qualify his indorsement of Dunn’s case (supra) by adding, “ it is unnecessary to say that all these qualifications must exist; but to warrant the introduction of such … If the distinction referred to were alone permitted to control, then a professional receiver of stolen goods could make himself absolutely immune from conviction and punishment by simply insisting that the thieves with whom

UNIV. AUXILIARY SERVS. AT ALBANY, INC. v. Smith

54 N.Y.2d 986 · New York Court of Appeals · Oct 27, 1981

Such a use has not been established in the present case. *992 Further, an examination of the use of the property in the St. … The statute clearly does not contemplate an exemption for all property held by a qualifying organization.

Gordon v. . Hostetter

37 N.Y. 99 · New York Court of Appeals · Sep 5, 1867

Under the ruling of the Court in this case, a party appropriating it wrongfully would ordinarily be secure of immunity. … The decision was clearly right, but it has no application to the complaint before us (5 Barn. & Aid. 652).

People v. Esposito

287 N.Y. 389 · New York Court of Appeals · Jan 22, 1942

The facts clearly sustained the finding of the jury that the defendants were not legally insane at the time of the commission of the crime. … As to the claimed violation of constitutional immunity from self-crimination, we do not pass upon the question whether testimony of the examining and observing psychiatrists was admissible to establish a confession of guilt

Hotopp v. . Huber

160 N.Y. 524 · New York Court of Appeals · Nov 21, 1899

The immunity of -a special or limited partner from general liability is founded upon the statute which clearly contemplates a payment, in good faith,.by the special partner of the contribution to the capital stock of the … The certificate and affidavit attached established the fact,primafaeie, that the statements therein contained were true. (Cont. Natl. Bank v. Strauss, 137 N. Y. 148, 151 .)

Weisbrod-Moore v. Cayuga County

2025 NY Slip Op 00903 · New York Court of Appeals · Feb 18, 2025

Alternatively, the County asserted that it was immune from suit because it was engaged in a governmental function. … Thus, the plaintiff failed to establish a special duty between the child and the City.

Courtney Anderson v.Commack Fire District

New York Court of Appeals · Apr 20, 2023

Section 1104 grants emergency vehicle drivers “qualified privileges” to “disregard” the duties imposed by conflicting laws and to operate their vehicles in ways that ordinary members of the 6 By “liability shifting … and granted volunteer firefighters statutory immunity from personal liability for ordinary negligence

Litchfield v. . Bond

186 N.Y. 66 · New York Court of Appeals · Oct 2, 1906

The general rule, as I understand it, is very clearly and forcibly stated in Poindexter v. Greenhow ( 114 U. … The principle thus clearly enunciated has been recognized in this state in Adsit v.

President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.

50 N.Y. 250 · New York Court of Appeals · Nov 12, 1872

This mode of adjustment and settlement of the rate is a part of the agreement for the additional toll, and modifies and qualifies the reservation of the right so that the right does not attach until the same is established … Every essential fact was to be settled by arbitration in case of a difference of opinion, and the award of the arbitrators would have been a substantial establishment of the additional rate of toll, and such was clearly the

People v. Shapiro

50 N.Y.2d 747 · New York Court of Appeals · Jul 3, 1980

Presumably, this conclusion is premised upon a finding that the potential for prejudice was so patent and so substantial that the decision to consolidate clearly exceeded the bounds of judicial authority, even though consolidation … This ruling, according to the majority, only exacerbated defendant’s predicament in establishing a viable defense to the promoting prostitution charge.

Koota v. Colombo

17 N.Y.2d 147 · New York Court of Appeals · Mar 24, 1966

Y. 251, 258 , supra), the relevancy of the questions need not be conclusively established. … The relevancy of the testimony sought from these witnesses is, therefore, clearly “susceptible of intelligent estimate”.

Schultz v. Boy Scouts of America, Inc.

65 N.Y. 189 · New York Court of Appeals · Apr 30, 1985

Insofar as issues of liability insurance might also be relevant in a case such as the one before us involving charitable immunity, the record provides no relevant information on the subject. *198 These decisions also establish … identifying with that jurisdiction and to submit themselves to its authority. 2 These considerations made the need for change in the lex loci delicti rule obvious in Babcock , but the validity of this interest analysis is more clearly

Berenson v. Town of New Castle

38 N.Y.2d 102 · New York Court of Appeals · Dec 2, 1975

The village already had a number of business establishments and apartment houses which, by a natural process of site selection, were located in the vicinity of the local railroad stations. … Obviously, New Castle, a town of over 17,000 people, would not be so small as to qualify as but ope "use” district.

Valeria Home, Inc. v. Cook

22 N.Y.2d 388 · New York Court of Appeals · Jul 1, 1968

involves some financial loss, the corporation, through its investments, earns a consideraable profit, and that the loss sustained in operating the home is less than the taxes which would have to be paid, absent its charitable immunity … An earlier proceeding had established that some 445 of the 807 acres were necessary to fulfill the corporate purposes.

F.W.E. Stapenhorst, Inc. v. Public Service Commission

75 N.Y.2d 577 · New York Court of Appeals · Apr 26, 1990

The clincher in this regard is that entitlement to the 6-cent minimum hinges on the PSC establishing "terms and conditions” that are just and economically reasonable. … FERC expressed clearly that the regulatory scheme was not intended to affect contracts in place before the promulgation of the regulations, *584 even if a contracting party qualified as a "new capacity” power producer (see