Case law

United Arab Shipping Co. v. Al-Hashim

176 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1991

Corporation Law § 1312 (a) is inapplicable because the plaintiff’s activities in New York were merely incidental to international and interstate commerce is belied by the documentary evidence submitted by the defendants establishing … Notwithstanding plaintiff’s claims to the contrary, plaintiff does not qualify as a "foreign state” entitled to sovereign immunity within the definition of the Foreign Sovereign Immunities Act of 1976 ( 28 USC § 1603 [a])

Cusa v. State

151 A.D.2d 847 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1989

First, the State’s engineering and traffic safety staff rendered qualified expert opinions that the road surface at the curve in question was not unsafe in wet conditions, based upon their inspections. … Moreover, the record clearly establishes that DOT personnel made a considered judgment, following the August 1982 accident at the Burgin curve, as to what portions of Route 10 required resurfacing because of slickness of

Tyberg v. City of New York

2019 NY Slip Op 5177 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 2019

Under the doctrine of qualified immunity, a governmental body may not be held liable for a highway safety planning decision unless its study of the traffic condition is plainly inadequate or there is no reasonable basis for … Here, the City failed to sustain its prima facie burden on the issue of qualified immunity.

Barone v. County of Suffolk

85 A.D.3d 836 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2011

The County failed to establish, prima facie, that it was entitled to judgment as a matter of law on the basis of qualified immunity (see Bresciani v County of Dutchess, N.Y., 62 AD3d 639, 640 [2009]; Appelbaum v County of … Also, contrary to the County’s contention, it failed to establish, as a matter of law, that its alleged negligence was not a proximate cause of the accident (see Ernest v Red Cr. Cent.

Enker v. County of Sullivan

2018 NY Slip Op 4621 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 2018

However, a municipality "is afforded a qualified immunity from liability arising out of a highway planning decision. … Therefore, based upon the foregoing testimony and evidence, defendant met its prima facie burden in establishing qualified immunity inasmuch as its safety planning decisions resulted from a deliberative decision-making process

Salzer v. Farm Family Life Insurance

280 A.D.2d 844 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 2001

that the statements are immune from disclosure. … Accordingly, we *847 conclude that such statements indeed were prepared in anticipation of litigation and, hence, enjoy qualified immunity under CPLR 3101 (d) (2) (cf., Lamitie v Emerson Elec.

Langert v. Tenney

5 A.D.2d 586 · Appellate Division of the Supreme Court of the State of New York · May 13, 1958

The essential confusion in the matter is between that of the qualified *588 privilege of the informant (see Pecue v. West, 233 N. … These are generally absolute, both in the sense of providing immunity in tort and in not being affected by the purpose, motive, or basis with which the confidential communication was made.

Rossignol v. Silvernail

185 A.D.2d 497 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1992

Here, while the witnesses were not able to give a verbatim recitation of the slanderous quotations recited in the complaint, the language proved clearly embraced that alleged without material variation. … Nor do we find that the jury’s conclusion that defendants did not act in good faith in making the child abuse complaints so as to be entitled to the qualified privilege set forth in Social Services Law § 419 to be against

Sean M. v. City of New York

20 A.D.3d 146 · Appellate Division of the Supreme Court of the State of New York · May 24, 2005

Plaintiffs fail to advance any ground to warrant excluding this case from the qualified immunity afforded by Social Services Law § 419. … Thus, we conclude that neither the City nor LWS has established a right to immunity in this matter. To the extent that Ross v City of New York ( 302 AD2d 232 [2003]) may be read to the contrary, we overrule it.

Building Contractors Ass'n v. State

218 A.D.2d 722 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1995

To hold otherwise would be to immunize all such legislation from judicial review, a proposition without support in case law or statute. … Clearly the amendments are meant to immunize or exempt, rather than to facilitate, and therefore, result in special treatment for the counties named.

Iovine v. State of New York

2018 NY Slip Op 6723 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2018

Thus, in the field of traffic design engineering, a municipality is accorded a qualified immunity from liability arising out of a highway planning decision ( see Turturro v City of New York , 77 AD3d 732, 735 ). … "To establish its entitlement to qualified immunity, the governmental body must demonstrate that the relevant discretionary determination by the governmental body was the result of a deliberative decision-making process.

Caplan v. Winslett

218 A.D.2d 148 · Appellate Division of the Supreme Court of the State of New York · Feb 29, 1996

Thus * * * a lawyer has immunity for defamatory words spoken in a judicial proceeding * * * The immunity does not attach solely because the speaker is a[n] * * * attorney * * * but because the statements are, in the words … An even more fundamental defect is that the statement seems to be clearly protected by the qualified privilege that would attach to a communication from a supervisor to his subordinates, explaining the reason for the departure

Feeney v. County of Delaware

150 A.D.3d 1355 · Appellate Division of the Supreme Court of the State of New York · May 4, 2017

To establish the existence of such a duty, four elements establishing a special relationship must be shown: “(1) an assumption by the [governmental entity], through promises or actions, of an affirmative duty to act on behalf … This doctrine “recognizes that police protection is best left within the discretion of the governmental entity,” whose policymakers are the “most expert and qualified to render informed, deliberate decisions on implementing

Driscoll v. State of New York

2018 NY Slip Op 2694 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2018

immunity. … For highway safety and design decisions, defendant "is accorded a qualified immunity from liability arising out of a highway planning decision" ( Friedman v State of New York , 67 NY2d 271, 283 [1986]).

Gagnon v. Village of Cooperstown, N.Y.

137 N.Y.S.3d 193 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 2020

Under the doctrine of judicial immunity, a judge is immune from civil liability for any acts that he or she performs in the exercise of his or her judicial function ( see Mosher-Simons v County of Allegany , 99 NY2d 214, … [FN3] As for the second element, not all types of [*2]terminations will qualify as "favorable"; however, a termination, including a dismissal in the interest of justice, may be favorable to the plaintiff if it is "not inconsistent

Komlosi v. Cuomo

99 A.D.3d 458 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2012

The jury was then instructed about Fudenberg’s affirmative defense of qualified immunity. … It concerns whether Fudenberg was protected by a qualified immunity.

Giannelli v. St. Vincent's Hospital & Medical Center

160 A.D.2d 227 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1990

In 1985 the New York State Cardiac Surgical Advisory Committee, established by the State Commissioner of Health, evaluated the cardiac surgery unit at St. … (Public Health Law § 2805-j; Education Law § 6527); common-law qualified immunity (communications between persons having similar duties made in the course of official duty); lack of personal jurisdiction over defendants

Fisher v. State

268 A.D.2d 849 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 2000

While the State enjoys qualified immunity with respect to matters involving traffic design engineering, it may be found negligent when the highway planning decision at issue evolved without adequate study or lacked a reasonable … While Fisher testified that he followed the black car ahead of him into the plaza and did not see oncoming traffic until his car was struck, this testimony does not establish that his negligence was the sole cause of the

Thompson v. Maimonides Medical Center

86 A.D.2d 867 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1982

Although a plaintiff ultimately may be able to overcome this defense by establishing malice, the malice question should not be decided at the pleading stage (Shapiro v Health Ins. Plan of Greater N. Y., supra, p 61). … An intentional tort committed by an employee against a coemployee cannot give the perpetrator of the act immunity under the Workers’ Compensation Law (Maines v Cronomer Val.

Holder v. Jacob

2024 NY Slip Op 03864 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2024

, defendants' failure to conclusively establish the immunity statute's applicability, as written, that compels our conclusion. … None, however, has found that a defendant established its entitlement to immunity for the acts or omissions of a medical provider under the Executive Order, where it had not established entitlement to such immunity under