Case law

Kissinger v. State

126 A.D.2d 139 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 1987

The State, however, is not an insurer and pursuant to the qualified immunity doctrine set forth in the seminal Weiss case, "liability for injury arising out of the operation of a duly executed highway safety plan may only … These circumstances prevailing, a predicate for liability against the State for inadequate study was not established.

People v. Helmsley

170 A.D.2d 209 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 1991

one offense are in the main clearly distinguishable from those establishing the other; or "(b) Each of the offenses as defined contains an element which is not an element of the other, and the statutory provisions defining … from those establishing the other.

Villarin v. Rabbi Haskel Lookstein School

96 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 2012

Indeed, as noted above, in enacting Social Services Law § 413, the Legislature determined that a qualified immunity from civil and criminal liability would remove “the fear of an unjust lawsuit for attempting to help protect … The Legislature deemed qualified immunity “indispensable,” as it furthered the strong public policy of protecting children (Sabol, 93 NY2d at 721 ). This Court declines to dilute such critical statutory protection.

Diederich v. Nyack Hospital

49 A.D.3d 491 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 2008

Similarly, as there is a triable issue of fact as to whether Officer McNeill acted with probable cause in arresting the plaintiff, the Supreme Court properly denied summary judgment on the issue of qualified immunity (see … In order to recover damages for malicious prosecution, a plaintiff must establish four elements: that a criminal proceeding was commenced, that it was terminated in favor of the accused, that it lacked probable cause, and

Moscato v. Frontier Distributing, Inc.

254 A.D.2d 802 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 1998

The evidence of such past recreational use for ATV and motorbike riding “clearly evinces that the property is physically conducive to that activity” (Albright v Metz, supra, at 662). … The evidence further establishes that, despite its urban location and commercial use, the property is “appropriate for public use in pursuing the activity as recreation” (Iannotti v Consolidated Rail Corp., 74 NY2d 39, 45

Matter of Tyler Y. (Katrina Y.)

2022 NY Slip Op 01081 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2022

These scratches are clearly visible on the photographs received in evidence. … Footnote 4: The medical records entered into evidence establish that the child has been diagnosed with hypotonia (i.e., decreased muscle tone).

Capital Telephone Co. v. New York Telephone Co.

146 A.D.2d 312 · Appellate Division of the Supreme Court of the State of New York · May 4, 1989

The dismissal was on the ground that, even if the conduct complained of would otherwise have established an actionable violation of Federal antitrust laws, the doctrine of "State action immunity” from antitrust liability … "If however, the [Federal] court in the first action would clearly not have had jurisdiction to entertain the omitted theory or ground (or, having jurisdiction, would clearly have declined to exercise it as a matter of discretion

New York Schools Insurance Reciprocal v. Milburn Sales Co.

105 A.D.3d 716 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 2013

Here, the plaintiff failed to meet its burden of establishing that the requested material was prepared solely in anticipation of litigation and, thus, is protected from disclosure by the qualified immunity privilege of CPLR … Since the plaintiff did not establish that the requested material was protected by the qualified immunity privilege set forth in CPLR 3101 (d) for material prepared exclusively in anticipation of litigation, there was no

Thome v. Alexander & Louisa Calder Foundation

70 A.D.3d 88 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 2009

Further, defendants Mary Calder Rower, Sandra Calder Davidson, and Shaun Davidson moved to dismiss on the ground that, as noncompensated trustees of a qualified charitable foundation, they are immune from liability. … Qualified Immunity Lastly, the complaint could not proceed in any event against the individual defendants, who are entitled to qualified immunity pursuant to Not-For-Profit Corporation Law § 720-a, in view of the affidavit

Chapin v. City of White Plains

104 A.D.2d 785 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 1984

Questions of fact also must be resolved to determine whether the city is immune from liability. … In addition, to establish the city’s liability, plaintiff must demonstrate that there was a causal connection between the accident and the alleged violation of the applicable statute.

Powelson v. Procter & Gamble Co.

200 A.D. 447 · Appellate Division of the Supreme Court of the State of New York · Mar 17, 1922

Said Company has no office in the State of New York, and has no property therein and no qualified agent therein upon whom process may be served. … while attending court which has been established by the highest courts of the State and Nation.

Garcia v. New York City Department of Health & Mental Hygiene

144 A.D.3d 59 · Appellate Division of the Supreme Court of the State of New York · Oct 6, 2016

Petitioners have failed to establish that the State has “clearly evinced a desire to preempt an entire field thereby precluding any further local regulation” (Jancyn Mfg. … directed, to state immunization efforts.

Blanke v. State of New York

2023 NY Slip Op 03625 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 2023

immunity from liability arising out of highway planning decisions ( see Friedman , 67 NY2d at 283 ; Weiss , 7 NY2d at 584-586, 588 ). … The State presented evidence establishing that it repeatedly studied the accident rate and visibility issues at the subject intersection and made changes as necessary.

Popolizio v. County of Schenectady

49 A.D.3d 1117 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2008

Furthermore, defendant did not sufficiently demonstrate that it engaged in a deliberate decision-making process concerning the subject road and, therefore, failed to demonstrate its entitlement to summary judgment on the basis of qualified … immunity (see Friedman v State of New York, 67 NY2d 271, 283 [1986]; Winney v County of Saratoga, 8 AD3d 944, 945 [2004]; Merchant v Town of Halfmoon, supra).

People v. Whitley

14 A.D.3d 403 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 2005

The evidence established that defendant admitted his guilt to four persons on separate occasions. … Furthermore, the People properly refused to immunize the witness (see People v Adams, 53 NY2d 241, 247 [1981]; People v Shapiro, 50 NY2d 747 [1980]).

Matter of Clara Welch Thanksgiving Home v. Board of Assessment Review for the Town of Otsego, County of Otsego, State of New York

123 A.D.3d 1313 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2014

the taxpayer satisfies this threshold burden, the presumption disappears and the court must weigh the entire record, including evidence of claimed deficiencies in the assessment, to determine whether [the] petitioner has established … Neither approach was immune to criticism. As petitioner's expert acknowledged in his written report, "the income approach bases value on the income a property is capable of producing.

Carey v. Kitson

93 A.D.2d 50 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1983

In this regard, it is well established that the remedy of prohibition is available only where there is a clear legal right and lies only when a court ‘acts or threat *58 ens to act without jurisdiction in a matter of [sic … ‘Immunity.’

Howe v. Village of Trumansburg

199 A.D.2d 749 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1993

Our decision begins with the clearly defined principles of governmental immunity for negligent acts or omissions of municipal agents or employees. … It is well established, as plaintiff concedes, that when official action involves the exercise of discretion or expert judgment in policy matters, and is not exclusively ministerial, a municipal defendant generally is not

Emengo v. State of New York

143 A.D.3d 508 · Appellate Division of the Supreme Court of the State of New York · Oct 13, 2016

Plaintiff’s allegations are that he is a black man of Nigerian national origin; was well-qualified for the positions of Deputy Director and Director of the Division of Confidential Investigation (DCI) at defendant New York … Plaintiffs allegation that, on December 5, 2012, Mullen told him that he would not be receiving any merit pay for 2011 is temporally close to the protected activity and supports an inference of retaliation, as well as establishing

Hamburger v. Cornell University

204 A.D. 664 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 1923

Keeler (supra), Judge Cardozo, writing for the court, said: “ It is the established law in this State that a gift for the promotion of education or learning is a gift for charitable uses. * * * There is no conflict of opinion … Chapter 585 of the Laws of 1865 incorporated Cornell University, an examination of which shows clearly that the purpose of the university was educational and charitable; and so it is to-day. (Education Law, § 1033.)