Case law

Stukuls v. State of New York

42 N.Y.2d 272 · New York Court of Appeals · Jul 7, 1977

Pursuant to the procedures established for reviewing an applicant's credentials and qualifications, an ad hoc committee ("committee"), consisting of five members of the faculty at the college, was established. … Corey *287 enjoys only a qualified privilege, an action sounding in defamation would lie if the appellant could establish actual malice (see Hemmens v Nelson , 138 N.Y. 517 ).

Arteaga v. State of New York

72 N.Y.2d 212 · New York Court of Appeals · Jun 9, 1988

Whether an action receives only qualified immunity, shielding the government except when there is bad faith or the action taken is without a reasonable basis (see, e.g., Friedman v State of New York, supra, at 283-285; Southworth … We cannot accept the view of the dissent that actions of correction officers "are comparable to the actions of police officers, who under established law are entitled only to qualified immunity.”

Foster v. Churchill

87 N.Y.2d 744 · New York Court of Appeals · Mar 26, 1996

These elements were established. We conclude, however, that the defense of economic justification was established by the respondents. … Respondents were clearly acting in the economic interest of Microband, which was on the brink of insolvency.

Sheridan v. Crisona

14 N.Y.2d 108 · New York Court of Appeals · Apr 2, 1964

As an executive officer, defendant herein had a qualified privilege to make defamatory statements about the plaintiff herein (Hemmens v. … letter itself which refers to the Corporation Counsel’s office in the following manner: “It is incredible that a law office employing 300 or more lawyers could be guilty of such gross negligence as the facts in this case clearly

Shiamili v. Real Estate Group of New York, Inc.

17 N.Y.3d 281 · New York Court of Appeals · Jun 14, 2011

Further, the claims here — defamation and unfair competition by disparagement — clearly seek to hold the defendants liable as publishers and speakers. … for (section 230) immunity”]).

People Ex Rel. Edward & John Burke, Ltd. v. Wells

184 N.Y. 275 · New York Court of Appeals · Mar 13, 1906

It has established and maintains ati office in the city of 27ew York for the sale of its products, which are imported into this country and sold in the original packages. … But this is qualified by the subsequent statement that the amounts of the bills receivable and bank accounts are invested in the city of Hew York.

In re the County of Monroe

72 N.Y.2d 338 · New York Court of Appeals · Oct 20, 1988

Under the old test, a municipality is immune from zoning regulations if the uses qualify as governmental (see, Nehrbas v Incorporated Vil. of Lloyd Harbor, supra [village immune from own zoning ordinance]; Village of Larchmont … but is also inconsistent with established principles of federalism”.

Friedman v. State of New York

67 N.Y.2d 271 · New York Court of Appeals · May 1, 1986

The court rejected the State’s governmental immunity argument, which was based on its assertion that it had, in good faith, set priorities for the use of availablé funds, holding that the evidence did not establish that priorities … Strong policy considerations underpin the qualified immunity doctrine set forth in Weiss (supra), and, in cases such as these where a governmental body has invoked the expertise of qualified employees, the Weiss directive

People v. Morgan

76 N.Y.2d 493 · New York Court of Appeals · Oct 16, 1990

In People v Thomas ( 68 NY2d 194 ), we held that statements made by an accomplice at his own guilty plea allocution qualified as a declaration against his penal interest, and were therefore admissible at the trial of the … statements there were admissible, we recognized the competing dual interests in the context of plea bargains — a guilty plea is surely contrary to penal interest in the sense that it leads to "immediate conviction and sentence, establishes

Murray v. Brancato

290 N.Y. 52 · New York Court of Appeals · Mar 4, 1943

In this State, in accordance with the Constitution and statutes, a State Law Reporting Bureau has been established for the publication of official reports of opinions and decisions of the court. … from the qualified common law privilege in which all persons share.

Andrews v. . Gardiner

224 N.Y. 440 · New York Court of Appeals · Nov 12, 1918

But while counsel keep within those bounds, their immunity is absolute. … There are no clearly defined issues. There is often a most informal hearing. Sometimes there is argument by counsel. As often, the plea for mercy is made by wife or kin or friends.

Rosenberg v. MetLife, Inc.

8 N.Y.3d 359 · New York Court of Appeals · Mar 29, 2007

Plaintiff argues that a qualified, but not absolute, privilege attaches to statements made on a Form U-5. … In contrast, an absolute privilege immunizes a communicant from liability in a defamation action.

Giaquinto v. Commissioner of New York State Department of Health

11 N.Y.3d 179 · New York Court of Appeals · Jun 12, 2008

The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States” (citation omitted). … Supreme Court Did Not Clearly Award Relief on Federal Grounds In Farrar v Hobby ( 506 US 103 [1992]), the Supreme Court stated: “[T]o qualify as a prevailing party, a civil rights plaintiff must obtain at least some relief

People v. Richter's Jewelers, Inc.

291 N.Y. 161 · New York Court of Appeals · Oct 21, 1943

J., that in New York, immunity from unreasonable search and seizure is “ the creature, not of constitution, but of statute. (Civil Rights Law, § 8.) … The framers of the new section of the Constitution were fully informed that in this State the rule was firmly established by *169 old decisions that rejection of evidence obtained by a public officer through unreasonable

The People v. Victor Soto

26 N.Y.3d 455 · New York Court of Appeals · Dec 17, 2015

Defense counsel asked the People to grant Hunt immunity should she invoke her right to remain silent, a request the People refused. … Rather, “[s]upportive evidence is sufficient if it establishes a reasonable possibility that the statement might be true” (Settles at 169-170 ).

Cayuga Indian Nation v. Gould

14 N.Y.3d 614 · New York Court of Appeals · May 11, 2010

This Court rejected that argument, noting that the “United States Supreme Court has clearly established that State tax statutes requiring Indian retailers to collect and remit taxes on sales to non-Indian purchasers, and … They argued that the term “qualified reservation” had an established meaning under state law based on Department regulations and publications issued before the statute was adopted, contending that the Department had excluded

Bryant v. Presbyterian Hosp. in City of NY

304 N.Y. 538 · New York Court of Appeals · Jan 15, 1953

To apply that same principle to one concededly not yet qualified by experience or training for the nurse’s cap, and may never be, however, seems to me to be an unwarranted extension of the immunity rule, which has not escaped … As to such functions, we explicitly noted that “ The line of demarcation is not clearly drawn ” (p. 190). It takes no extensive professional training to equip one properly to apply a hot water bottle.

Pauchogue Land Corp. v. Long Island State Park Commission

243 N.Y. 15 · New York Court of Appeals · May 25, 1926

It may be assumed that it will faithfully meet its obligations thus established. … The amount appropriated is a qualified limitation upon the power to act.

Hotel Dorset Co. v. Trust for Cultural Resources

46 N.Y.2d 358 · New York Court of Appeals · Dec 27, 1978

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 … There a statute establishing a transit commission in cities of over 1,000,000 was challenged as an invalid special law.

Bennett v. . Judson

21 N.Y. 238 · New York Court of Appeals · Mar 5, 1860

But so long as he retains the benefits of the dealing he cannot claim immunity on the ground that the fraud was committed *240 by his agent- and not by himself. … These statements were so minutely descriptive of the land that on their face they clearly imported a knowledge of the facts on the part of the person making them, and they were not materially qualified by a reference to any