Case law

Singh v. State of New York

2025 NY Slip Op 04132 · Appellate Division of the Supreme Court of the State of New York · Jul 10, 2025

Moreover, contrary to claimant's contention, defendant in its answer clearly preserved the defense that the claim was untimely ( see Steele v State of New York , 145 AD3d at 1364 ; Augat v State of New York , 244 AD2d 835 … Therefore, claimant failed to establish that his assault was reasonably foreseeable and, as such, cannot establish the State's negligence ( see Vasquez v State of New York , 68 AD3d 1275, 1276 [3d Dept 2009]; Colon v State

McCormack v. Jewish Hospital

246 A.D. 731 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1935

It does not clearly appear in the record before us what the relationship was between those who were carrying the stretcher and the hospital, and in what capacity they were employed or serving the hospital. … In any event, defendant being a charitable institution, it is immune from liability. The wife was not a stranger to defendant.

Woods v. New York City Department of Citywide Administrative Services

72 A.D.3d 474 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 2010

Petitioner passed the examination and was placed on the list, which was established on May 5, 2004, and which expired on May 5, 2008. His ranking was 4694. … Clearly, the date of certification is different from the date of appointment. In Matter of Scanlan v Buffalo Pub.

Cacchillo v. Perales

172 A.D.2d 98 · Appellate Division of the Supreme Court of the State of New York · Dec 5, 1991

Although the County DSS did not comply with the request, the record establishes that petitioner’s counsel was given full access to the agency records in order to prepare for the hearing and that the agency willingly copied … Clearly, receiving these records in evidence did not deprive petitioner of a fair hearing and, thus, even if respondent was in error, such error alone is not sufficient to require annulment (see, Matter of Sowa v Looney,

People v. Whitehead

142 A.D.2d 745 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 1988

The witness testified that rape trauma syndrome could cause a victim to deny having been raped, which is clearly relevant to the evidence defendant presented to establish that the victim had told others she had not been raped … The record discloses nothing which would establish that his "impartiality might reasonably be questioned” (22 NYCRR 100.3 [c] [1]).

Verdi v. Dinowitz

2024 NY Slip Op 04287 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2024

On this appeal, we are asked to decide whether Supreme Court should have dismissed plaintiff Manuele Verdi's defamation claims for failing to establish falsity, damages, or actual malice. … The court found that the law of the case doctrine required a finding that Dinowitz made defamatory remarks and was not entitled to absolute immunity.

Cioffi v. S.M. Foods, Inc.

142 A.D.3d 520 · Appellate Division of the Supreme Court of the State of New York · Aug 10, 2016

Furthermore, “[n]ot every manifestation of a lawyer’s labors enjoys the absolute immunity of work product. … In this case, the record does not establish that the conduct of the Atlanta defendants or Ryder was willful or contumacious.

Kabir v. County of Monroe

68 A.D.3d 1628 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2009

Plaintiff cross-moved for partial summary judgment with respect to liability, contending that the Deputy was not entitled to qualified immunity under section 1104 (e) because he was not operating a “police vehicle” within … Defendants did not establish their entitlement to summary judgment dismissing the complaint against the County and dismissing the amended complaint as a matter of law pursuant to the ordinary negligence standard of liability

County of Nassau v. South Farmingdale Water District

62 A.D.2d 380 · Appellate Division of the Supreme Court of the State of New York · May 22, 1978

If so, its operations are immune from federal taxation” (Brush v Commissioner, supra, p 360 ). … It is clearly more equitable to distribute the cost among the greater number.

Washington Savings Bank v. Ferguson

43 A.D. 74 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1899

Thus, he distinctly seeks to vary or qualify his written obligation. … He even admits that that accommodation indorsement imported a qualified liability. The case is thus clearly reduced to an attempt by parol to vary and minimize the contract obligation. It is clear that it must fail.

Dinio v. Olivar

265 A.D.2d 371 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 1999

The defendants made a prima facie showing that there was no agreement establishing a fixed duration to the plaintiffs employment or an express written policy limiting its right to discharge employees which was relied upon … With respect to the plaintiffs claims that he was defamed by his former co-workers, the alleged defamatory statements were clearly entitled to a qualified privilege, which was not overcome by the plaintiffs conclusory allegations

Kopp v. Barnes

10 A.D.2d 532 · Appellate Division of the Supreme Court of the State of New York · May 31, 1960

What he was required to prove was that a qualified title company would insure title free and clear of them, and the record is devoid of such proof. … They clearly disclose that no objection was made by respondent to appellant’s demand for strict performance on his part on that date and that, although he had been informed of the exceptions noted by the title company, respondent

Long v. Niagara Frontier Transportation Authority

81 A.D.3d 1391 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 2011

In support of her motion to set aside the verdict finding that defendants were not negligent, plaintiff contended that the evidence at trial clearly established that Cody was speeding, in violation of Vehicle and Traffic … School Dist., 214 AD2d 947, 948 [1995]), establishes that Cody violated the Vehicle and Traffic Law.

Verdi v. Dinowitz

2024 NY Slip Op 04287 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 2024

On this appeal, we are asked to decide whether Supreme Court should have dismissed plaintiff Manuele Verdi's defamation claims for failing to establish falsity, damages, or actual malice. … The court found that the law of the case doctrine required a finding that Dinowitz made defamatory remarks and was not entitled to absolute immunity.

Marks v. Regents of the University

279 A.D. 476 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1952

As qualifying evidence each had presented proof of graduation from one of four optometry schools, none of which met the standards prescribed by section 7105 of the Education Law. … Prior to the filing of the applications the Regents had, however, accepted graduation from said schools as satisfactory qualifying evidence in lieu of the statutory prescription.

Moseley v. White

74 A.D.3d 1424 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 2010

Proof was adduced that, while living in Tennessee in the year prior to coming to live with the grandparents, the children failed to receive basic medical care such as immunizations and dental care. … The mother’s disregard for the well-being of her children was also established by her criminal history during this period.

Matter of Dhir v. Winslow

2024 NY Slip Op 00531 · Appellate Division of the Supreme Court of the State of New York · Feb 2, 2024

that the respondent has committed a qualifying family offense' " ( id. ). … With respect to the qualifying family offense alleged in the second petition, "[a] person commits harassment in the second degree under Penal Law § 240.26 (3) when [that person], 'with intent to harass, annoy or alarm another

McPhillips v. State of New York

129 A.D.3d 1360 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 2015

The Court of Claims denied claimant's motion on the ground that the proposed amendment is nonmeritorious, as barred by the absolute immunity accorded counsel in judicial proceedings. Claimant appeals. We affirm. … Moreover, the burden rests with claimant "to conclusively, and as a matter of law, establish the impertinency and the irrelevance of the statement" (Grasso v Mathew, 164 AD2d at 479).

Ellis v. Ambach

124 A.D.2d 854 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1986

For the same reason, that it may be debatable whether criminal negligence constitutes moral turpitude (see, People v Futterman, 86 AD2d 70, 72-73 ) does not render petitioner’s conduct immune from professional sanctions. … A fair reading of the Commissioner’s decision herein clearly establishes that he indeed weighed the evidence and found that it preponderated in favor of sustaining the charge of conduct unbecoming a teacher.

Gillette Co. v. State Tax Commission

56 A.D.2d 475 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1977

The statute was held to immunize income-generating activities in Smith Kline & French Labs, v State Tax Comm. (241 Ore 50 [pharmaceutical sales]); State ex rel. … That local salesmen are not authorized to bind Gillette but rather must forward orders out of State for final acceptance is an explicit requirement to qualify for protection of Public Law 86-272.