Case law

REW, MICHAEL J. v. COUNTY OF NIAGARA

Appellate Division of the Supreme Court of the State of New York · Mar 28, 2014

With respect to the fourth cause of action, against the deputy sheriff, defendants contended that the deputy sheriff’s actions were entitled to qualified immunity. … “To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officer involved to believe that his or her conduct was appropriate under the circumstances, or that officers

Murphy v. St. Agnes Hospital

107 A.D.2d 685 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1985

At the second meeting, the Medical Board decided to recommend to the Board of Trustees that the suspension be revoked should psychiatric evaluation of petitioner by a psychiatrist of the hospital’s choice fail to establish … Clearly this statute was enacted primarily to protect physicians (Matter of Cohoes Mem.

United Federation of Teachers, Local 2 v. Board of Education of the City School District

298 A.D.2d 60 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2002

The starting point for our analysis is the principle that “[a]n arbitration award may not be vacated unless it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the … [Candor Teachers Assn.], 42 NY2d 266, 272 ), the school board’s ultimate determination on a matter bearing directly on the maintenance of educational standards generally remains immune from arbitral review.

Wilson v. Sponable

81 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · May 27, 1981

Decisional law dealing with mental patients and pris *8 oners clearly establishes that the State has a duty of supervision with respect to suicidal persons in its care and custody. … This observation refutes plaintiffs’ contention and establishes that the extent of public services for the care of suicidal prisoners is limited by the resources of the community.

Rosin v. Lidgerwood Manufacturing Co.

89 A.D. 245 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1903

This was clearly the view which was taken by the learned court in Veginan v. Morse ( 160 Mass. 143 ), cited in Johnson v. Roach ( 83 App. … rule often laid down by the courts that “ wheré a statute gives a right unknown to the common law, and limits the time within which an action shall be brought to assert it, the statutory limitation measures the extent and qualifies

DODGE, MARK v. COUNTY OF ERIE

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, rearg denied 8 NY2d 934). … immunity (Brown v State of New York, 79 AD3d 1579, 1582, citing Cummins v County of Onondaga, 198 AD2d 875, 877, affd 84 NY2d 322).

Lewis v. Columbus Hospital

1 A.D.2d 444 · Appellate Division of the Supreme Court of the State of New York · May 9, 1956

In the Berg case a qualified laboratory technician employed by the defendant hospital made an error in designating the blood factor of plaintiff in a serological test made in contemplation of a blood transfusion, and as a … Although there is conflicting evidence relating to the detail appearing on the labels, there is no question that the labels clearly indicated the contents of each bottle, and that the word 1 ‘ poison ’ ’ was prominently printed

Epstein v. State

124 A.D.2d 544 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1986

The court did not address the issue of whether the State could rely on the doctrine of qualified governmental immunity (Weiss v Fote, 7 NY2d 579 ), even though the State was unable to produce any plans for the initial installation … Having found no basis to hold the State liable for the design, construction or maintenance of the guide rail, we additionally agree with the Court of Claims that the issue of qualified governmental immunity need not be addressed

Johnson v. City of New York

65 A.D.3d 476 · Appellate Division of the Supreme Court of the State of New York · Aug 18, 2009

However, the judgment error rule does not immunize municipal defendants when an innocent bystander is injured by the action of a police officer “in an altercation involving a violation of established police guidelines governing … The police took appropriate measures to protect themselves, as well as the public, which was clearly endangered by the actions of this fleeing felon.

Brady v. County of Tioga

100 A.D.2d 676 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1984

Such a decision would then be based upon the statutory procedural requirements established by sections 1022,1023,1024,1026,1027 and 1028 of the Family Court Act, and any other statutory requirement applicable to involuntary … H In like manner, defendants’ argument that they are entitled to absolute immunity as public officials, or at least qualified immunity, must abide the event.

Mahoney v. Staffa

178 A.D.2d 875 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1991

By so asserting, Mahoney has established a rebuttable presumption of qualified privilege and defendant has not offered any evidence of undue hardship in procuring the information he seeks by conducting interviews of his own … defendant’s motion to dismiss plaintiffs’ cause of action in the Court of Claims (Mahoney v Temporary Commn. of Investigation, 165 AD2d 233 ) and then concerning defendant’s request that certain documents be considered immune

Town of Hempstead v. State

42 A.D.3d 527 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 2007

In support of the State’s motion, Crown argued that application of the balancing test enunciated in the case of Matter of County of Monroe (City of Rochester) ( 72 NY2d 338 [1988]) clearly required that the project be afforded … immunity from local regulation.

Gerrity Co. v. Bonacquisti Construction Corp.

136 A.D.2d 59 · Appellate Division of the Supreme Court of the State of New York · Mar 10, 1988

As will be discussed more fully below, the immunity of a good-faith *62 purchaser under established common-law trust principles would be materially diminished if knowledge of a depositor’s business in the construction field … Under equally well-established principles of trust law, Nor-star was also not entitled to have its cross motion for summary judgment granted.

Board of Education of the City School District v. Mills

250 A.D.2d 122 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1998

Both the resolution which established the SCI and the Executive Order mandate full cooperation by all school district employees with the SCI during all investigations; they further provide that if an employee refuses to answer … In spite of having been granted use immunity, Cadet answered only pedigree and background questions, refusing to answer any questions regarding his relationship with the student.

Lyonette Silks, Inc. v. K. Wilbur Dolson Co.

187 A.D. 473 · Appellate Division of the Supreme Court of the State of New York · May 2, 1919

A complaint which is immune from attack must state facts sufficient to constitute a cause of action. … It was not by the contract required to perform any conditions prior to the adjustment of the line of credit which has never been made, and it clearly cannot be construed to be deemed a request for the adjudgment of that line

Levy v. State

262 A.D.2d 230 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1999

A governmental entity acting with discretionary or reasoned judgment is immune from negligence suits (Tango v Tulevech, 61 NY2d 34, 41 ). … The McCormack rule has also been applied to the field actions of a Fire Department command where there is no clearly established procedure contrary to the actions taken (Vyse v City of New York, 204 AD2d 436 , lv denied 84

Alvarez v. Snyder

264 A.D.2d 27 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2000

The Second Circuit has stated that “judicial immunity is by now a well-established doctrine. * * * A judge defending against a section 1983 suit is entitled to absolute immunity from damages for actions performed in his judicial … The measures taken by the court clearly do not overstep the immunity conferred on Justice Snyder in this action seeking personal damages.

Rew v. County of Niagara

115 A.D.3d 1316 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 2014

With respect to the fourth cause of action, against the deputy sheriff, defendants contended that the deputy sheriffs actions were entitled to qualified immunity. … “To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officer involved to believe that his or her conduct was appropriate under the circumstances, or that officers

Van De Bogart v. State

133 A.D.2d 974 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1987

Claimant sought to establish that the State was on notice of these hazards from the analysis of the relevant section of Route 357 done by the Department of Transportation prior to the resurfacing project, the happening of … While claimant’s expert disagreed with the conclusion of the State’s highway engineers, such judgmental decisions are precisely the kind which are clothed with qualified governmental immunity under Weiss v Fote (supra, at

Normanskill Cr., LLC v. Town of Bethlehem

2018 NY Slip Op 2697 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2018

The special duty rule simply requires a plaintiff to establish the tort element of duty of care, albeit in the context of an action against a governmental entity, whereas the doctrine of governmental immunity "afford[s] a … Supreme Court also properly denied defendant's motion because defendant's actions, as alleged in the complaint, do not qualify for governmental immunity.