Case law

Hyman v. Press Publishing Co.

199 A.D. 609 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1922

Whatever may be the immunity of the War Department for *612 the publication of the list, and as to this we express no opinion, certainly that immunity did not extend to the newspaper that published it, even though actuated … The privilege, if any, is a qualified and not an absolute one.

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

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.

Ferrucci v. State

42 A.D.2d 359 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1973

On September 10, 1937, upon a petition of his sister and a certificate of two qualified examiners, he was committed to said institution pursuant to an order of the Dutchess County Judge adjudging *361 him to be insane. … The operation of a State institution is clearly governmental and subject to governmental and administrative decisions, and the State has not waived its immunity from liability resulting from said decisions (Young v.

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.

Spectrum System International Corp. v. Chemical Bank

157 A.D.2d 444 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1990

"Multi-motived reports do not warrant the immunity if litigation is but one the motives” (Siegel, NY Prac § 348, at 430). … In order to qualify as "litigation” material under CPLR 3101 (d), the document must have been prepared primarily if not solely for litigation (ibid).

Freeze Right Refrigeration & Air Conditioning Services, Inc. v. City of New York

101 A.D.2d 175 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1984

The municipal defendants also established that this error was not discovered until after the issuance of the Department’s press release and publication of the Times’ article. … In addition, for the first time, they moved on the basis of a constitutionally based qualified privilege.

Reisner v. Litman

95 A.D.3d 858 · Appellate Division of the Supreme Court of the State of New York · May 1, 2012

The defendants established their prima facie entitlement to judgment as a matter of law dismissing the first cause of action in the amended complaint, which was to recover damages for legal malpractice. … Contrary to the determination of the Supreme Court, under the circumstances, the County was immune from liability under the doctrine of qualified immunity (see Friedman v State of New York, 67 NY2d 271, 283 [1986]; Weiss

Scaccia v. MacCurdy

239 A.D.2d 942 · Appellate Division of the Supreme Court of the State of New York · May 30, 1997

That proof is sufficient to establish that the statements were protected by a qualified privilege (see, Foster v Churchill, 87 NY2d 744, 751 ; Murphy v Herfort, 140 AD2d 415, 416 , lv denied 73 NY2d 701 , rearg denied 73 … The court also properly dismissed the complaint on the alternative ground that defendant is entitled to immunity from liability pursuant to section 720-a of the Not-For-Profit Corporation Law (see, CPLR 3211 [a] [11]).

Hoffman v. Ro-San Manor

73 A.D.2d 207 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1980

of the attorney’s zeal and investigative efforts, does not qualify as an attorney’s work product under subdivision (c). 2 Not every manifestation of a lawyer’s labors enjoys the absolute immunity of work product. … Nor do we believe that the names and addresses of witnesses qualify as material prepared for litigation.

McArthur v. Muhammad

46 A.D.3d 640 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 2007

The matter is before us on a motion by the County for summary judgment dismissing the complaint insofar as against it on the ground of qualified immunity. … Since it was unable to demonstrate the adequacy of those studies (see Scott v City of New York, 16 AD3d 485 [2005]), the County therefore failed to establish its prima facie entitlement to judgment as a matter of law (see

Hull v. Town of Prattsville

145 A.D.3d 1385 · Appellate Division of the Supreme Court of the State of New York · Dec 29, 2016

Further, the record is bereft of evidence establishing that Michael O'Hara gave the sworn statement knowing that it was false. … Accordingly, we find that plaintiffs have failed to establish that "'malice was the one and only cause for the publication'" and, therefore, Michael O'Hara is entitled to a qualified privilege (Liberman v Gelstein, 80 NY2d

Winkler v. Spinnato

134 A.D.2d 66 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1987

Certainly, based upon dicta such as this, an argument can be made that the amendments now under review, which clearly discriminate against residents of other States, and which clearly bias employment opportunities in favor … The plaintiffs first invoked the Privileges and Immunities Clause in a *69 proposed amended complaint, dated May 7, 1987. The record on appeal does not establish whether leave to serve this complaint was ever granted.

Flex-O-Vit USA, Inc. v. Niagara Mohawk Power Corp.

281 A.D.2d 980 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 2001

Here, defendant established the requisite special circumstances. … Those documents are discoverable pursuant to CPLR 3101 (a) (1), and plaintiff failed to establish that they were prepared solely for the purpose of litigation and thus immune from disclosure under the qualified privilege

Booker v. City of New York

61 A.D.3d 710 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 2009

The defendant New York City Transit Authority (hereinafter NYCTA) failed to establish its prima facie entitlement to judgment as a matter of law. … To the extent that NYCTA relies only on a defense based on the theory of qualified governmental immunity, that defense is without merit (see generally Weiss v Fote, 7 NY2d 579, 589 [1960]; cf.

Doxiadis v. Triborough Bridge & Tunnel Auth.

2024 NY Slip Op 05631 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 2024

They did not establish that they complied with the Manual of Uniform Traffic Control Devices by using engineering judgment in the placement of the tubular markers. … Defendants failed to establish that they were entitled to qualified immunity in that they failed to demonstrate that a "'study, inquiry or investigation' into that question was conducted and reached the determination now

Cardona v. County of Orange

2026 NY Slip Op 00234 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 2026

"However, prosecutors enjoy only qualified immunity when acting in an investigative capacity" ( id. ; see Blake v City of New York , 148 AD3d at 1104 ). … Since this action was not commenced until August 2023, more than three years later, the defendants established, prima facie, that the time in which to assert that cause of action had expired.

Davis v. Independent Transporters of the Handicapped, Inc.

226 A.D.2d 496 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1996

"When compelling public policy requires that the speaker be immune from suit, the law affords an absolute privilege, while statements fostering a lesser public interest are only conditionally privileged (see, 600 W. 115th … Accordingly, the appellants established their entitlement to summary judgment. Balletta, J. P., Sullivan, Santucci and Altman, JJ., concur.

Larabee v. Governor of the State

65 A.D.3d 74 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2009

Even if legislative statements resulting in a decision or action are immune, the unlawful discharge of an immunized decision might not itself be within the circle of immunity, if it is not essential to legislative independence … We are also mindful of the many concerns set forth in the record about the future retention of qualified jurists and the attraction of highly qualified attorneys to the bench as judges retire or otherwise leave.

Foster v. Suffolk County Police Department

137 A.D.3d 855 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 2016

In this case, the County defendants, in moving for summary judgment, failed to establish, prima facie, that Officer Bogliole did not act in reckless disregard for the safety of others in commencing, conducting, or failing … Finally, as the Supreme Court properly found, the argument of the County defendants that they are entitled to immunity outside of the qualified immunity granted by Vehicle and Traffic Law § 1104, an argument which has been