Case law

Turturro ex rel. Turturro v. City of New York

28 N.Y.3d 469 · New York Court of Appeals · Dec 22, 2016

In the specific proprietary field of roadway safety, a municipality is afforded “a qualified immunity from liability arising out of a highway planning decision” (Friedman, 67 NY2d at *480 283 ). 1 The qualified nature of … This qualified immunity, which applies in a specific field of proprietary functions, is separate from the governmental function immunity defense, which applies only to governmental functions, as explained.

People v. Chestnut

26 N.Y.2d 481 · New York Court of Appeals · Jun 4, 1970

I). 3 Their testimony demonstrated that most of the persons on that list had qualified and served as grand jurors in previous years. … By choosing jurors on the basis of these factors, rather than race or ethnic background,, their actions were clearly consistent with the policies embodied in the Equal Protection Clause.

Tango v. Tulevech

61 N.Y.2d 34 · New York Court of Appeals · Dec 20, 1983

In an action brought under section 1983 of title 42 of the United States Code against a public official, such as defendant here, who is arguably entitled to a qualified immunity under Federal law, plaintiff must establish … Although plaintiff’s claim to custody of the children ultimately prevailed in the New York action, it was not clearly established on October 31,1977 and the cause of action was properly dismissed.

Stega v. New York Downtown Hosp.

31 N.Y.3d 661 · New York Court of Appeals · Jun 27, 2018

The broad principles of immunity in defamation law are well established. … to a law enforcement officer" is subject to a qualified privilege, not absolute immunity ( Toker , 44 NY2d at 219-220).

Toker v. Pollak

44 N.Y. 211 · New York Court of Appeals · Apr 6, 1978

In contrast, communications protected by a qualified privilege do not provide the communicant with an immunity against the imposition of liability in a defamation action. … The majority of States afford a communication of this nature a qualified privilege, rather than absolute immunity.

Martinez v. City of Schenectady

97 N.Y.2d 78 · New York Court of Appeals · Nov 19, 2001

As to defendant-officers, the court found an open question of fact regarding their qualified immunity defense to the section 1983 claim, and dismissed the common-law claims on statute of limitations grounds. … The Second Circuit was satisfied that the officers had reasonable grounds to believe probable cause supported the warrant and they therefore were entitled to qualified immunity.

Della Pietra v. State

71 N.Y.2d 792 · New York Court of Appeals · Jun 9, 1988

On these facts, however, any claim of qualified immunity would not shield the State from liability. … These factual findings, which are fully dispositive of the legal issue concerning qualified immunity under established New York law, have support in the record and, therefore, are beyond our review.

Park Knoll Associates v. Schmidt

59 N.Y.2d 205 · New York Court of Appeals · Jun 9, 1983

Thus, a Judge has immunity if he is performing a judicial act but not otherwise (see Murray v Brancato, 290 NY 52 [no immunity for defamation contained in unofficial publication of an opinion]); a lawyer has immunity for … It appearing that defendant can establish the interest necessary to warrant a qualified privilege here, the burden rests upon plaintiff, if it is to sustain its cause of action, to prove that she acted out of malice.

Steering Committee v. Port Authority of New York & New Jersey

17 N.Y.3d 428 · New York Court of Appeals · Sep 22, 2011

As such, if section 7106 clearly expresses a waiver of governmental immunity, then our inquiry must be foreclosed. … Clearly, section 7106 does not operate to waive the Port Authority’s entitlement to the common-law defense of governmental immunity.

Spectrum Systems International v. Chemical Bank

78 N.Y.2d 371 · New York Court of Appeals · Oct 24, 1991

By the same token, the CPLR establishes three categories of protected materials, also supported by policy considerations: privileged matter, absolutely immune from discovery (CPLR 3101 [b]); attorney’s work product, also … Clearly the requisite professional relationship was established when Chemical retained the law firm to render legal assistance (Radiant Burners v American Gas Assn., 320 F2d 314, cert denied 375 US 929 ).

Kabir v. County of Monroe

16 N.Y.3d 217 · New York Court of Appeals · Feb 17, 2011

The majority’s new rule is also inconsistent with the public policy underlying section 1104 because it creates an unjustifiable distinction that extends the protection of qualified immunity only to police, fire or ambulance … I am confident that this was not what the Legislature had in mind when it adopted a statute meant to cloak emergency responders with qualified immunity.

Matter of Mayor, Etc., of New York

182 N.Y. 361 · New York Court of Appeals · Oct 3, 1905

Other words must be employed in the conveyance which would clearly indicate his purpose and intent to convey the lands under water in order to pass the title thereto. (Trustees of Broohhaven v. Strong, 60 N. … He creates the offices of mayor, chamberlain, treasurer, sheriff, coroner, clerk, constable, marshal, etc., with a common council, naming the persons that shall fill such offices until their successors are appointed and qualified

Mon v. City of New York

78 N.Y.2d 309 · New York Court of Appeals · Sep 17, 1991

Whether absolute or qualified, this immunity reflects a value judgment that — despite injury to a member of the public — the broader interest in having government officers and employees free to exercise judgment and discretion … We explained: "We need not determine whether the City’s retention of Johnson at the Parkside Playground would be subject to absolute or qualified immunity because the City’s argument for any immunity here has a fundamental

City of Albany v. Standard Accident Insurance

7 N.Y.2d 422 · New York Court of Appeals · Mar 3, 1960

In that case, the party injured was concededly not an employee of Greaves, who qualified as an additional insured within the definition of the policy. … If Wells qualified as an additional insured within the definition of the policy, he would be entitled to coverage under the “separability” doctrine established by this court in Morgan v. Greater N. Y. Taxpayers Mut.

Sanders v. . Saxton

182 N.Y. 477 · New York Court of Appeals · Oct 24, 1905

This principle was established at quite an early period in our history by the decision of the Supreme Court of the United States in Osborne v. Bank of United States ( 9 Wheat. 738 ). … Jumel limited, or qualified by the subsequent decision in Rolston v. Missouri Fund Commissioners ( 120 U. S. 390 ).

Clement v. Durban

32 N.Y.3d 337 · New York Court of Appeals · Nov 14, 2018

For example, as this Court has clearly {**32 NY3d at 343}delineated, states may distinguish between residents and nonresidents where the purpose is to "withdraw[ ] an unfair advantage" that a nonresident would otherwise possess … Section 8501 (a) expressly identifies limited circumstances in which nonresident plaintiffs do not have to post costs, including where the plaintiff qualifies for poor persons' relief (CPLR 8501 [a]; see also CPLR 1101).

In re Gordon

48 N.Y.2d 266 · New York Court of Appeals · Nov 13, 1979

An attorney admitted to practice in one State who desires to practice in New York must often give up an established practice and residence, move to New York and forfeit the right to engage in his or her chosen occupation … As noted, the breadth of the privileges and immunities clause is presently *272 unclear.

Board of Education v. Gootnick

49 N.Y.2d 683 · New York Court of Appeals · Apr 24, 1980

It was, therefore, quite clearly a general law, not a private or local law (see Hotel Dorset Co. v Trust for Cultural Resources, 46 NY2d 358 ). … The section establishes a tripartite hearing panel, one to be chosen by the employee and one to be chosen by the employing board from a list maintained for that purpose ■ by the Commissioner of Education.

Greene v. . Knox

175 N.Y. 432 · New York Court of Appeals · Jun 25, 1903

Y. 394 ) where the defendant, a lamp inspector, claimed immunity from civil service rules on the ground that he was an independent contractor. … In both of these cases the appointments were clearly invalid unless and until the defendants therein could affirmatively establish their respective contentions upon the questions involved, which were clearly presented by

Sue/Perior Concrete & Paving, Inc. v. Lewiston Glof Course Corporation

24 N.Y.3d 538 · New York Court of Appeals · Nov 25, 2014

Supreme Court denied the motion to dismiss, ruling, as pertinent here, that Lewiston Golf did not qualify as an “arm” of the Seneca Nation. Lewiston Golf appealed. … The Appellate Division noted, for example, that “[Lewiston Golf]’s charter clearly provides that [Lewiston Golf] has no power to bind or otherwise obligate the funds of the Nation” and that “the record is devoid of evidence