Case law

Braunstein v. Day

144 N.Y.S.3d 624 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2021

Here, the defendant established that his statements to the press and constituents regarding the failed transaction, which involved the planned transfer of nursing care facilities owned and operated by the County to the entity … operated by the plaintiff, constitute a matter of public concern and are thus entitled to a qualified privilege of immunity from liability ( see Schell v Dowling , 240 AD2d 721, 722 ; see also Stukuls v State of New York

Mare v. City of New York

112 A.D.3d 793 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2013

The City failed to meet its prima facie burden of establishing its entitlement to judgment as a matter of law. … “In the area of *794 traffic design engineering, a municipality will generally be accorded qualified immunity from liability arising out of its highway planning decisions” (Turturro v City of New York, 77 AD3d 732, 735 [2010

Giske v. State

191 A.D.2d 675 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 1993

The testimony presented at trial established that the State had been aware, at least since 1982, that similar accidents had occurred at the site of the decedent’s accident. … Although the State is accorded a qualified immunity from liability arising out of highway planning decisions, the doctrine of qualified immunity does not shield the State from liability where, as here, it has failed to demonstrate

People v. Parker

70 A.D.2d 387 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1979

We note to begin with that the record leaves something to be desired as to establishing the basic facts as to the license. … In a memorandum of law, however, defendant’s attorney qualifies this statement by saying that defendant possessed an on-premises license and a target license.

Calabrese v. City of Albany

2023 NY Slip Op 05641 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2023

The Commissioner was clearly cognizant of the SCF complaint format, had an SCF account, and was charged with overseeing departmental operations in responding to the complaints. … Finally, we reject defendant's claim that the April 3, 2019 excavation constituted emergency work for which it is entitled to governmental immunity.

Colao v. Mills

3 A.D.3d 702 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2004

Supreme Court granted defendants’ motion on the ground that defendants were entitled to qualified immunity, and plaintiff now appeals. … To be sure, whether qualified immunity exists is purely a question of law (see Martinez v Simonetti, 202 F3d 625, 632 [2d Cir 2000]) and should be determined at the earliest stage of litigation (see Baez v City of Amsterdam

King v. Klocek

187 A.D.3d 1614 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2020

Plaintiffs' allegations, if true, establish that defendant committed a predicate offense under 15 USC § 7903 (5) (A) (ii) and, as a result, establish that this action is not a qualified civil liability action and not subject … 5] [A] [iii]), the "action" is not subject to dismissal at this stage of the proceeding (§ 7902 [b]), and we do not address defendant's contentions regarding the negligent entrustment and negligence per se exceptions to immunity

Adams v. Rochester Gas & Electric Corp.

191 A.D.2d 960 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1993

By virtue of its limited use of the property, defendant does not qualify as an "owner, lessee or occupant of premises” entitled to the broad grant of immunity afforded by the statute (General Obligations Law § 9-103 [1] [ … Further, defendant failed to meet its burden of establishing, as a matter of law, that plaintiff assumed the risk of injury (see, Lamey v Foley, 188 AD2d 157 ).

ATN Marts, Inc. v. Ireland

195 A.D.2d 959 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1993

The assertion that Ireland might have made the statement to discredit Republican opponents and obtain political advantage does not establish malice. … Ireland’s answer raised the affirmative defenses of absolute immunity and absolute privilege, and set forth facts that may also serve as a basis for the defense of qualified privilege.

In re Terrence K.

135 A.D.2d 857 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1987

This claim is clearly without merit. … Accordingly, the certificate of the Associate Chief of Protocol conclusively establishes that the father and his family, including the child, are immune from the civil process of the courts of this State.

Conrad v. City of NewYork

192 A.D.3d 505 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2021

disturbed persons to inform the standard of care ( see Lubecki v City of New York , 304 AD2d 224, 233-234 [1st Dept 2003], lv denied 2 NY3d 701 [2004]), under the totality of the circumstances, Officer Gleason was entitled to qualified … immunity because his actions in attempting to arrest Conrad were matters of discretion and professional judgment that did not violate any clearly established procedures or protocol ( see Davila v City of New York , 139 AD3d

Aliasgarian v. State of New York

2021 NY Slip Op 06489 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 2021

Initially, we agree with claimant that the State is not entitled to qualified immunity because, in view of the New York State Department of Transportation's Policy on Highway Lighting, which was admitted into evidence, there … We nevertheless conclude, however, that the State is entitled to dismissal of the claim under the ordinary rules of negligence, which are applicable in the absence of a qualified immunity defense ( see Brown v State of New

Bridenbaker v. City of Buffalo

137 A.D.3d 1729 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2016

“If found to be objectively reasonable, the officer’s actions are privileged under the doctrine of qualified immunity” (Holland, 90 AD3d at 844 ). … immunity.

Sanchez v. City of New York

85 A.D.3d 580 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 2011

Defendant failed to meet its burden of demonstrating its entitlement to qualified immunity since it submitted only its own memorandum stating that the maximum permissible horizontal gap between a subway train and straight … Defendant also failed to establish its entitlement to judgment as a matter of law.

Grgich v. City of New York

2 A.D.3d 680 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2003

Further, the evidence in the record does not establish as a matter of law that the defendant’s conduct was protected by qualified immunity (see Cruz v City of New York, 201 AD2d 606 [1994]).

Board of Education v. Hueber

90 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1982

Inasmuch as his opinion was properly grounded on the facts in evidence and based upon his professional expertise in the field, this testimony with other evidence in the case was enough to establish a prima facie case for … noting that expert opinion evidence was required in an action of this type (see 530 East 89 Corp. v Unger, 54 AD2d 848 , affd 43 NY2d 776 ), urge that the evidence was not legally sufficient because the witness subsequently qualified

Joyce v. State

152 A.D.2d 306 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1989

Following a trial, the Court of Claims rendered judgment in favor of the State based upon the doctrine of qualified governmental immunity for errors and defects in a plan adopted for the construction of a public improvement … Claimant contends that the doctrine of qualified governmental immunity is limited to highways, streets, sidewalks and sewers, and should not be applied to the Plaza, and that the State is subject to the same principles of

Van Emrik v. Chemung County Department of Social Services

191 A.D.2d 143 · Appellate Division of the Supreme Court of the State of New York · Jul 8, 1993

In the Federal realm, governmental actors who engage in discretionary actions are qualifiedly immune from liability in *147 a suit based on 42 USC § 1983 if it can be established that their actions did not " 'violate clearly … Conversely, a review of Social Services Law § 419, which contains the State law immunity provisions, establishes that the relevant inquiry in determining immunity under State law for litigants such as defendants who did not

In re the Second Additional Grand Jury

10 A.D.2d 425 · Appellate Division of the Supreme Court of the State of New York · May 9, 1960

Y. 251, 259 , supra), and in order to establish willful misconduct it is necessary to show that the witness or prospective defendant had knowledge of the fact that immunity had been conferred upon him. … There is good authority for the proposition that before a witness or prospective defendant may be adjudged in criminal contempt, it must be established that he was advised *437 of the fact that full immunity had actually

Arkin, Simon & Simon Partnership v. Rockaway Crossing, LLC

2025 NY Slip Op 03990 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2025

"In order for evidence submitted in support of a CPLR 3211(a)(1) motion to qualify as documentary evidence, it must be unambiguous, authentic, and undeniable" ( Bronxville Scout Comm. v County of Westchester , 229 AD3d at … Contrary to the plaintiff's contention, the State established as a matter of law that lot 782 was immune from adverse possession ( see Bronxville Scout Comm. v County of Westchester , 229 AD3d at 755; Filomio Truck Sales,