Case law

Resnick v. Town of Canaan

38 A.D.3d 949 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 2007

Moreover, Supreme Court correctly determined that the individual respondents were not entitled to summary judgment based on the doctrine of qualified immunity. … The competing competent admissible evidence in the record clearly establishes triable issues of fact (see Speller v Sears, Roebuck & Co., 100 NY2d 38, 44 [2003]).

Devore v. Pfizer Inc.

58 A.D.3d 138 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 2008

. *140 The Michigan statute creates an immunity against a claim that an FDA-approved drug is defective, unless the plaintiff can establish that: (1) the FDA revoked its approval of the drug; or (2) the manufacturer secured … [F]rom the perspective of influencing primary conduct, the forum where the product is sold is uniquely qualified to determine the controlling standards that reflect an equilibrium between its need for the product, and its

Rizzo v. Board of Educ. of E. Aurora Union Free Sch. Dist.

2026 NY Slip Op 01692 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2026

Plaintiff, who has a genetic immune deficiency, requested an accommodation allowing her to work remotely and teach from her home to avoid exposure to groups of people and shared facilities . … To establish a prima facie case of discrimination under the NYSHRL, a plaintiff must establish, inter alia, that they were "otherwise qualified to perform the essential functions of the position, with or without a reasonable

WRIGHT, DANIELLE v. CITY OF BUFFALO

Appellate Division of the Supreme Court of the State of New York · Mar 25, 2016

immunity, it must be established that it was objectively reasonable for the police officer[s] involved to believe that [their] conduct was appropriate under the circumstances, or that officers of reasonable competence could … immunity

Lacey v. Horan

119 A.D.2d 806 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1986

Lastly, we note that the doctrine of qualified governmental immunity enunciated in Weiss v Fote (supra), is not a basis for granting summary judgment to the county, as there are clearly factual disputes as to whether or not

Melendez v. City of New York

109 A.D.2d 13 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1985

It was established to secure to the subject a right to appeal to his peers, under the immunity of secrecy and irresponsibility, before the government could bring him to trial. … Clearly, disclosure of Grand Jury testimony is not needed to establish the charge that the City failed to properly train and teach its police officers or that there was negligence in the hiring or retention of Medina.

Feldschuh v. State

240 A.D.2d 914 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1997

Following this rule, qualified immunity has been bestowed upon press statements made by governmental representatives concerning governmental affairs (see, Buckley v Fitzsimmons, 509 US 259, 278, n 9 ; Chase v Grilli, 127 … Once the defendant establishes that a communication is entitled to a qualified privilege, the burden shifts to the *916 plaintiff to show that the defendant was motivated by actual malice or ill will (see, Kalika v Stern,

Blackman v. Stagno

35 A.D.3d 776 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 2006

The defendants established their prima facie entitlement to summary judgment dismissing the complaint by demonstrating that the statements made to the plaintiffs employer by Frohlinger on behalf of Stagno were “fairly made … To be afforded the protection of qualified immunity, “[t]he interest championed by the communicant, viewed as constituting a somewhat lesser degree of importance than those interests vindicated in communications afforded

Volk v. City of New York

259 A.D. 247 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1940

Statutes in derogation of immunity are strictly construed, and waiver of Immunity must be clearly expressed. … As indicated above, however, we think that assumption erroneous and that the relation alleged in the complaint and clearly established at the trial was that of employer and employee.

Williams v. New York Herald Co.

165 A.D. 529 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1914

But the privilege which affords immunity against falsity of the matter published being limited to reports of judicial proceedings, has a newspaper a license to publish the contents of a complaint or answer prepared, served … Age-Herald Publishing Co., 181 Ala. 439 .) *532 The opinion thus generally held by the courts of this country commends itself to our judgment as establishing a safe and sound rule within the terms of our statute.

Kane v. Her-Pet Refrigeration, Inc.

181 A.D.2d 257 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 1992

Surveillance materials clearly do not constitute an attorney’s work product (Marte v Hickok Mfg. Co., 154 AD2d 173 , supra). … It is clearly desirable to have any questions about the accuracy of the films resolved before the trial along the lines adopted under the Uniform Rules.

Galvin v. State

245 A.D.2d 418 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1997

It is well established that the State is required to maintain its roads and highways in a reasonably safe condition (see, Freidman v State of New York, 67 NY2d 271, 283 ). … Pursuant to the qualified immunity doctrine set forth in the seminal case of Weiss v Fote ( 7 NY2d 579 ), however, “liability for injury arising out of the operation of a duly executed highway safety plan may only be predicated

Girardon v. Angelone

234 A.D. 351 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1932

This point, the appellant contends, was clearly not well taken, since the second motion was for a reconsideration on new affidavits and additional papers. (Conlen v. Rizer, 109 App. Div. 537 .) … These were matters which were not within the range of judicial notice and needed to be established in an appropriate way.

Dodge v. County of Erie

140 A.D.3d 1678 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2016

We further conclude that defendant failed to establish on its motion its entitlement as a matter of law to the qualified immunity set forth in Weiss v Fote ( 7 NY2d 579, 585 [1960], rearg denied 8 NY2d 934 [I960]). … immunity {Brown v State of New York, 79 AD3d 1579, 1582 [2010], citing Cummins v County of Onondaga, 198 AD2d 875, 877 [1993], affd 84 NY2d 322 [1994]).

Kenford Co. v. County of Erie

55 A.D.2d 466 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1977

CPLR 3101 (subd [c]) establishes an unqualified privilege from disclosure for the attorney’s work product, and section 3101 (subd [d]) creates a qualified immunity for material prepared for litigation. … Further, in Hickman the Supreme Court commented that "A party clearly cannot refuse to answer interrogatories on the ground that the information sought is solely within the knowledge of his attorney” ( 329 US, at p 504 ).

Ryan v. Fahey

43 A.D.2d 429 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 1974

Bather, we are permitting recovery, previously denied, after the liability has been established.” (23 N Y 2d 434, 439.) … S. 518) are clearly inapposite.

Bluntt v. O'Connor

291 A.D.2d 106 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2002

The father, who was never married to plaintiff and apparently never lived with her, brought a paternity proceeding on February 12, 1997, and it is undisputed that paternity was established. … The record in this case illustrates why quasi-judicial immunity is needed. Available remedies were not utilized.

Galloway v. Erie Railroad

107 A.D. 210 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1905

established, because the proof was sufficient to justify the conclusion that the cattle were, injured by criminal cruelty no.t embraced within either of the clauses referred to. … The -court said (at p. 425): “ The rule -is firmly established in this State that a common carrier may contract for immunity from its negligence, or that of its agents; but that, to accomplish that object, the contract must

WILLIAMS, APRIL M. v. FASSINGER, CHARLES A.

119 A.D.3d 1368 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2014

immunity by Vehicle and Traffic Law § 1104 (e). … We further conclude that defendants established as a matter of law that defendant officer’s conduct did not rise to the level of reckless disregard for the safety of others (see Szczerbiak v Pilat, 90 NY2d 553, 556-557),

Shamsee v. Shamsee

74 A.D.2d 357 · Appellate Division of the Supreme Court of the State of New York · May 19, 1980

Moreover, in our opinion, the facts in this case establish beyond doubt that the United Nations Joint Staff Pension Fund and its secretary are immune from the sequestration order at Special Term under the applicable Federal … Shamsee under the sequestration order clearly constituted an act undertaken in his official capacity as secretary of the fund, and he is thus shielded from a contempt finding and its consequences by section 17 of the convention