Case law

Smith v. . State of New York

227 N.Y. 405 · New York Court of Appeals · Jan 6, 1920

But it is thoroughly established that by consenting to be sued, the state waives its immunity from action and nothing more. … Statutes in derogation of the sovereignty of a state must be strictly construed and a waiver of immunity from liability must be clearly expressed. (Litchfield v. Bond, supra.)

Gold v. Menna

25 N.Y.2d 475 · New York Court of Appeals · Dec 4, 1969

Clearly, the statutory purpose of granting immunity to one person so as to gain evidence against others mandates that the Grand Jury be allowed to grant immunity here. … Since both the series of .slayings and the conspiracy to succeed Bonanno were the subject of investigation by the Grand Jury, the Colombo standard has been clearly met.

Thomas H. v. Paul B.

18 N.Y.3d 580 · New York Court of Appeals · Feb 21, 2012

On this record, we hold that defendants are not entitled to summary judgment because they failed to establish as a matter of law that they did not defame plaintiff. … As a final matter, it should be noted that defendants did not argue in their summary judgment motion that their statements were immunized by a qualified privilege.

People v. . Cahill

193 N.Y. 232 · New York Court of Appeals · Oct 23, 1908

from punishment for giving such false testimony under the immunity statute hereafter to be referred to or for any other reason if his examination was legal. … For while he gives non-age as an excuse for not registering, there is also evidence "to show that he was not qualified by residence, and, therefore, anything in the way of an admission by appellant that he was not qualified

Front, Inc. v. Khalil

24 N.Y.3d 713 · New York Court of Appeals · Feb 24, 2015

This Court granted Kahlil’s motion for leave to appeal. 1 II Commencing with this Court’s 1897 decision in Youmans v Smith ( 153 NY 214 [1897]), we have held that absolute immunity from liability for defamation exists for … To *720 ensure that such communications are afforded sufficient protection the privilege should be qualified.

Doe v. Coughlin

71 N.Y.2d 48 · New York Court of Appeals · Nov 24, 1987

Acquired Immune Deficiency Syndrome is such a disease. … To be qualified for participation in the Family Reunion Program, applicants must be free of communicable disease.

Kathleen Henry v. New Jersey Transit Corporation

New York Court of Appeals · Mar 21, 2023

Given that NJT’s sovereign immunity argument is unpreserved and does not qualify for any exception to the preservation requirement, an appeal as of right does not lie under CPLR 5601 (b) (1). … In other words, well-established principles of jurisdiction in a federalist context establish that New York’s sovereign interests are relevant in determining when it has jurisdiction and the nature of NJT’s contacts and

Maloney v. State of New York

3 N.Y.2d 356 · New York Court of Appeals · Jul 3, 1957

A waiver of immunity from liability must be clearly expressed (Goldstein v. State of New York, 281 N. Y. 396, 403 ; Smith v. State of New York, 227 N. Y. 405, 410 ). … Section 8 of the Court of Claims Act provides: “ Waiver of immunity from liability.

People v. Harris

294 N.Y. 424 · New York Court of Appeals · Jul 19, 1945

This accomplished plan was established by the testimony of the defendants themselves. … Such evidence as was presented to the Grand Jury was to the effect that he was better qualified than any other available person.

Republic of Argentina v. City of New York

25 N.Y.2d 252 · New York Court of Appeals · Jul 1, 1969

On this appeal, the plaintiff argues that its immunity from taxation is established by the customs and practices of nations which are binding on state and local governments as a form of (to quote from the plaintiff’s brief … It does not require much argument to establish that, consistently with the general principles enunciated in the authorities [relating to sovereign immunity from judicial proceedings] already quoted, such an exaction cannot

Becker v. City of New York

2 N.Y.2d 226 · New York Court of Appeals · Jan 10, 1957

Plaintiff maintains that the city was negligent in the administration of the hospital, and particularly so in that it failed to establish proper procedures to provide qualified personnel to perform an IVP, and to prevent … That rule treats persons, who by all other tests are clearly employees, as independent contractors when they are engaged in the performance of a medical act.

Prudential Insurance v. Dewey, Ballantine, Bushby, Palmer & Wood

80 N.Y.2d 377 · New York Court of Appeals · Nov 19, 1992

Ill Having concluded that legal professionals are not immune from liability in these cases, we turn now to the question whether liability may attach in the present circumstances. … In these circumstances, this Court held that the relationship between the parties, accountants and a limited partner, was clearly one approaching privity.

Colavito v. New York Organ Donor Network, Inc.

8 N.Y.3d 43 · New York Court of Appeals · Dec 14, 2006

He further asserts that the incorporated language of Public Health Law § 4306 (3) creates not a qualified immunity, requiring dismissal unless plaintiff can prove bad faith, but merely an affirmative defense, as to which … NOTA essentially established a national health policy regarding organ procurement and allocation.

McGregor v. McGregor

1 Keyes 133 · New York Court of Appeals · Jun 15, 1864

That is at the same time its- popular meaning, and the word xxdien used ■ simply and without any .qualifying language cannot have any other signification than the one which the law and common parlance affixes to it. … The statute clearly contemplates that one named as executor may receive letters testamentary though he be not a resident of the State.

Ransom v. St. Regis Mohawk Education & Community Fund, Inc.

86 N.Y.2d 553 · New York Court of Appeals · Oct 24, 1995

The Fund was established to enhance the health, education and welfare of Tribe members, a function traditionally shouldered by tribal government. … the District of Columbia Nonprofit Corporation Act or otherwise, including, but not limited to, the power to accept *563 donations or money or property, and the power to own or lease property, real or personal,” and (2) qualifying

Kovit v. Estate of Hallums

4 N.Y.3d 499 · New York Court of Appeals · May 3, 2005

As we explained in Pelaez v Seide ( 2 NY3d 186, 193 [2004]), municipalities generally enjoy immunity from liability for discretionary activities they undertake through their agents, except when plaintiffs establish a “special … We have municipal immunity because of what we demand from public officials in the performance of their duties.

Liberty National Bank & Trust Co. v. Buscaglia

21 N.Y.2d 357 · New York Court of Appeals · Dec 29, 1967

S.] 738, 860, supra), and was thus immune from discriminatory taxes which hostile State governments sought to levy. 2 In striking down these taxes which were designed to destroy and hamper an institution which was clearly … So are steamboats, horses, stagecoaches, foundries, ship-yards, and multitudes of manufacturing establishments.

Brown v. State of New York

89 N.Y.2d 172 · New York Court of Appeals · Nov 19, 1996

The operative construction canon is that "[statutes in derogation of the sovereignty of a state must be strictly construed and a waiver of immunity from liability must be clearly expressed. * * * In the absence of a legislative … The Court noted that "the purpose of Bivens is to deter the officer. * * * If we were to imply a damages action directly against federal agencies, thereby permitting claimants to bypass qualified immunity, there would be

Calabrese v. City of Albany

2024 NY Slip Op 06289 · New York Court of Appeals · Dec 17, 2024

However, any notices received verbally, for example via telephone, and memorialized by DGS staff in the SCF system do not qualify as "written" ( see Gorman v Town of Huntington , 12 NY3d 275, 280 [2009] ["Nor can a verbal … As a result, the City is not entitled to governmental immunity from suit.

People Ex Rel. Hayes v. McLaughlin

247 N.Y. 238 · New York Court of Appeals · Feb 14, 1928

We find other and later judgments explaining and perhaps qualifying the earlier decisions (State v. Van Pelt, 136 N. C. 633 ; State v. Gulledge, 173 N. C. 746 ). … Brady, supra), the decision was made in 1874, before the law of interstate rendition had been stated by the Supreme Court as clearly and authoritatively as has been done in recent judgments.