Case law

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.

Ernest v. Red Creek Central School District

93 N.Y.2d 664 · New York Court of Appeals · Jul 8, 1999

That case held that a defendant has qualified immunity “where a duly authorized public planning body has entertained and passed on the very same question of risk as would ordinarily go to the jury” (id., at 588 [emphasis … The County might therefore have acquired qualified immunity from liability arising from an automobile accident involving a motor vehicle exiting the school driveway.

Brockway v. Monroe

59 N.Y.2d 179 · New York Court of Appeals · Jun 9, 1983

The Legislature has prescribed a detailed procedural statute clearly setting forth the steps which are to be taken by a defendant seeking a grant of immunity and, in light of that statute, I must conclude that there is no … Indeed, the very nature of the procedure established by CPL 50.20 and 50.30 indicates that the Legislature intended a procedure whereby the responsibility of seeking immunity would be upon the witness and that when he has

Hyatt v. . Taylor

42 N.Y. 258 · New York Court of Appeals · Mar 5, 1869

Statutes which are plain and explicit are not to be qualified by construction on the mere ground that the court deem the legislation unwise or indiscreet, nor because, if effect he given thereto, according to their plain … expression, one class affected thereby may be subjected to inconvenience to secure protection and immunity to another.

Randall v. . Packard

142 N.Y. 47 · New York Court of Appeals · Apr 10, 1894

If there was nothing more we might very reasonably and justly hesitate to hold in this case, where the evidence was sharply conflicting upon the value of the plaintiff’s services, that the jury were clearly instructed how … Massachusetts, to recover damages for his alleged wrongful acts, and the ground relied upon appears to have been, in substance, that the judgé’s acts were not judicial, for want of jurisdiction, and, hence, he could claim no immunity

Matter of United States of Mexico v. Schmuck

293 N.Y. 264 · New York Court of Appeals · Jul 19, 1944

The Supreme Court of the United States reiterated in the cited case the well established principle that “ courts may not so exercise their jurisdiction, by the seizure and detention of the property of a friendly sovereign … Upon the appeal to this court that limitation in the Suggestion of Immunity was clearly pointed out to the court in a brief filed by the United States Attorney as amicus curiae with the permission of the court.

Matter of Doyle

257 N.Y. 244 · New York Court of Appeals · Aug 10, 1931

An argument is • made for the appellant that the immunity created by this section is in contravention of restrictions established by the Constitution of the State. The Constitution (Art. … The purpose of the Constitution was to establish one immunity permanently in the fundamental law, but not to foreclose the Legislature from establishing additional ones thereafter.

Dreger v. New York State Thruway Authority

81 N.Y.2d 721 · New York Court of Appeals · Dec 16, 1992

Thus, these actions may be recommenced if they qualify for recommencement under CPLR 205 (a). … Court of Claims Act § 11 establishes a notice requirement in addition to that which may be applicable under other statutes: serving a copy of the claim or notice of intention on the Attorney-General, either personally or

Metz v. State

20 N.Y.3d 175 · New York Court of Appeals · Nov 29, 2012

State can rely upon the defense of governmental immunity. … There, as here, the provisions at issue—although clearly designed to protect public safety—did not create a duty to particular individuals.

Swezey v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

19 N.Y.3d 543 · New York Court of Appeals · Jun 26, 2012

The high courts of the United States, the Philippines and Switzerland have clearly explained in decisions related to this case that wresting control over these matters from the Philippine judicial system would disrupt international … We specifically observed that a dismissal premised on sovereign immunity claimed by the St.

People v. Caserino

16 N.Y.2d 255 · New York Court of Appeals · Nov 24, 1965

Appellant would clearly appear to have been proved guilty of possession of the weapon in violation of section 1897 of the Penal Law. … any stipulation of immunity.

Wilfredo Colon v. Willie Martin, Jr

New York Court of Appeals · May 7, 2020

This Court’s “well-established rules of statutory construction direct” that the analysis begins “with the language of the statute” (People v Francis, 30 NY3d 737, 740 [2018] [internal quotation marks and citation omitted … Plaintiffs fail to identify any compelling reason to abandon this established rule of construction in this case.

Lepkowski v. State of NY

1 N.Y.3d 201 · New York Court of Appeals · Dec 18, 2003

Moreover, we agree with the Appellate Division that, as a matter of fact, the record does not establish that the State possesses detailed time records for claimants for the time periods covered by this litigation. … The employees argued that as a result, the State violated the FLSA’s salary basis test for determining whether an employee qualifies as a bona fide executive, administrative or professional employee exempt from the FLSA’s

MATTER OF MARON v. Silver

14 N.Y.3d 230 · New York Court of Appeals · Feb 23, 2010

The scope of immunity this provision bestows upon members of the Legislature provides “as much protection as the immunity granted by the comparable provision of the Federal Constitution” (People v Ohrenstein, 77 NY2d 38, … Judicial salaries need not be exorbitant, but they must be sufficient to attract well-qualified individuals to serve.

Ransom v. ST. REGIS FUND

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

Brown v. Shyne

242 N.Y. 176 · New York Court of Appeals · Feb 24, 1926

Thereafter the trial judge charged the jury that they might bring in a verdict in favor of the plaintiff if they found that the evidence established that the treatment given to the plaintiff was not in accordance with the … Under our law such treatment may be given only by a duly qualified practitioner who has obtained a license. The defendant in offering to treat the plaintiff held himself out as qualified to give treatment.

Brady v. State

80 N.Y.2d 596 · New York Court of Appeals · Dec 22, 1992

However, to establish an unwarranted burden on their privileges and immunities, plaintiffs must demonstrate disadvantage as against others in a similar position (Stevens v State Tax Assessor, 571 A2d, at 1197 , supra; Wheeler … only to nonresidents violated privileges and immunities], affd, by an equally divided court 471 US 82 .)

Continental Bank International v. City of New York Department of Finance

69 N.Y.2d 281 · New York Court of Appeals · Feb 19, 1987

Inasmuch as we conclude that Edge Act banks are not Federal instrumentalities entitled to constitu *284 tional immunity from State tax and Congress has not clearly prohibited such a tax, we hold that Edge Act bank branches … In *285 1980, petitioner established its New York City branch office and, since then, petitioner has established branch offices in a number of large cities throughout the United States.

Perlmutter v. Beth David Hospital

308 N.Y. 100 · New York Court of Appeals · Dec 31, 1954

Although these and related allegations clearly set forth a simple action for breach of warranty (see Civ. Prae. … The prevailing opinion exempts this case from the operation of these well-established rules.

Miller v. State of New York

62 N.Y.2d 506 · New York Court of Appeals · Jun 14, 1984

established any special relationship with defendant. … Thus, the City was held immune from liability, notwithstanding that it was the landlord of the complex, because the furnishing of police protection was so clearly a governmental function for which immunity attached in the