Case law

Moskovitz v. City of New York

130 A.D.3d 991 · Appellate Division of the Supreme Court of the State of New York · Jul 29, 2015

The City moved for summary judgment dismissing the complaint based on both qualified governmental immunity and governmental function immunity, and separately moved for leave to serve an amended answer that included those … Contrary to the City’s contention, it failed to establish its prima facie entitlement to judgment as a matter of law on the basis of qualified governmental immunity.

Kubik v. New York State Department of Social Services

244 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 1997

However, the record clearly established that Jennifer was back in Kubik’s home when “the report of suspected child abuse or maltreatment” was made on February 19, 1991. … As Martin is a police officer, his affidavit is entitled to a qualified immunity (see, Hunter v Bryant, 502 US 224, 227 ).

Evans v. State of New York

130 A.D.3d 1352 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 2015

immunity. … With respect to highway safety and design, however, defendant is "accorded a qualified immunity from liability arising out of a highway planning decision" (id. at 283; see Graff v State of New York, 126 AD3d 1081, 1083 [2015

Rodriguez v. City of New York

189 A.D.2d 166 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1993

Whether absolute or qualified, this immunity reflects a value judgment that—despite injury to a member of the public—the broader interest in having government officers and employees free to exercise judgment and discretion … Accepting the evidence presented by the plaintiff, Officer Young affirmatively intervened in a dangerous situation and negligently caused injury to a bystander, by acts which deviated from clearly accepted and established

Stega v. New York Downtown Hospital

148 A.D.3d 21 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 2017

It reasoned that the alleged statements at issue here qualified only for a “common interest” qualified privilege, rather than for the protection of an absolute privilege, because the FDA investigation here had none of the … Indeed, recent cases clearly establish that the privilege does not only apply to statements made during a hearing before an administrative agency, but also applies to statements made *27 in the very beginning of an administrative

Back v. Facey

2026 NY Slip Op 03858 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 2026

To the contrary, Facey agreed that he could "clearly" see the cystic artery where he placed the surgical clips, that there was no need to perform intraoperative imaging tests because the anatomy was "clearly defined," that … Since defendants did not establish their moving burden, we do not consider plaintiffs' opposition papers and their contention that an exception to immunity applies.

Petronic v. City of New York

2022 NY Slip Op 07085 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2022

. [*2]The City defendants argued, among other things, that they were entitled to summary judgment based upon qualified immunity and a lack of notice that the intersection was unsafe. … To be entitled to qualified immunity, the municipality "must demonstrate 'that the relevant discretionary determination by the governmental body was the result of a deliberative decision-making process'" ( Ramirez v State

Matter of Haberman v. Zoning Bd. of Appeals of the City of Long Beach

152 A.D.3d 685 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 2017

immunity. … immunity.

Grassel v. Board of Education

301 A.D.2d 498 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2003

Furthermore, the actions of a superintendent are entitled to qualified immunity. … A party is entitled to qualified immunity if his or her conduct is not violative of clearly established rights which a reasonable person knew, or objectively and reasonably believed, did not violate such rights (see Anderson

Bresciani v. County of Dutchess

62 A.D.3d 639 · Appellate Division of the Supreme Court of the State of New York · May 5, 2009

In the area of traffic design engineering, a municipality will generally be accorded qualified immunity from liability arising out of its highway planning decisions (see Friedman v State of New York, 67 NY2d 271, 284 [1986 … Here, the County failed to establish its prima facie entitlement to summary judgment on the ground of qualified immunity (see Hepburn v Croce, 295 AD2d 475 [2002]; see generally Friedman v State of New York, 67 NY2d 271 [

Vays v. County of Orange

2023 NY Slip Op 01112 · Appellate Division of the Supreme Court of the State of New York · Mar 1, 2023

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" … Here, the Supreme Court correctly applied the doctrine of qualified immunity based on the evidence the County submitted in support of its motion for summary judgment dismissing the complaint.

Tiannuan Chen v. Jones

2024 NY Slip Op 04998 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2024

"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' … Here, contrary to the City defendants' contention, they did not sustain their prima facie burden on the issue of qualified immunity ( see Giske v State of New York , 191 AD2d 675, 676-677 ).

People v. Singh

47 A.D.3d 733 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 2008

In order for a declaration against penal interest to be admissible at trial, the proponent must establish that (1) the declarant was unavailable as a witness at trial; (2) the declarant was aware that the statement was adverse … Here, the Supreme Court properly precluded the out-of-court statements of four witnesses, finding that the statements did not qualify for admission as declarations against penal interest because the defendant failed to meet

Relf v. City of Troy

2019 NY Slip Op 1287 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 2019

Supreme Court properly concluded that Ashe has not established as a matter of law that he is entitled to qualified immunity. … "[O]fficers are entitled to qualified immunity under [42 USC] § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the [*3]unlawfulness of their conduct was 'clearly established at the time

Marrow v. State

105 A.D.3d 1371 · Appellate Division of the Supreme Court of the State of New York · Apr 26, 2013

Here, defendant did not raise the defense of qualified immunity in its answer to the claim or at trial (cf. … Indeed, defendant’s expert admitted that there was no “plan” with respect to that decision, and we thus conclude that defendant failed to establish that the qualified immunity doctrine is applicable.

Simpkin v. City of Troy

224 A.D.2d 897 · Appellate Division of the Supreme Court of the State of New York · Feb 29, 1996

immunity. … Clearly, without a factual resolution of the sharply conflicting versions of these events, it is not possible to determine whether defendants are qualifiedly immune.

Cicconi v. McGinn, Smith & Co.

27 A.D.3d 59 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2005

The matter of absolute versus qualified immunity has been debated within the securities industry and the courts (see Charkes, Outside Counsel, Qualified Privilege For the Form U-5, NYLJ, Mar. 19, 1998, at 1; Siconolfi, “Blackballing … Indeed, many courts around the country have granted Form U-5 statements qualified, rather than absolute, immunity, permitting the privilege to be negated if the employee can demonstrate that the former employer made the statement

Kamchi v. Weissman

125 A.D.3d 142 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2014

Thus, they established, as an initial matter, their entitlement to the benefit of N-PCL 720-a immunity. … Accordingly, at this stage, the defendants are not entitled to the benefit of the qualified immunity conferred by N-PCL 720-a.

Bednoski v. County of Suffolk

145 A.D.3d 943 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2016

The County moved for summary judgment dismissing the complaint, arguing that it was entitled to qualified governmental immunity for its highway planning decisions, that it did not owe a duty of care to the plaintiff, and … Contrary to the County’s contention, it failed to establish its prima facie entitlement to judgment as a matter of law on the basis of qualified governmental immunity.

Kilcoin v. Wolansky

75 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · May 27, 1980

Clearly, he performed both administrative and high-level policy-making functions. … Clearly, the substance of all statements now complained of was strictly confined to the area of Dr.