Case law

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.

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

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.

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

Sherman v. County of Cortland

18 A.D.3d 908 · Appellate Division of the Supreme Court of the State of New York · May 5, 2005

When constructing or reconstructing a highway, the municipality is afforded qualified immunity for “judgmental error in planning highway design” (Gutelle v City of New York, supra at 795; see Weiss v Fote, 7 NY2d 579 [1960 … Indeed, finding an expert who disagrees with the municipality’s reasoned decision in such a project is not enough since a “choice between conflicting experts is insufficient to establish municipal liability” (Evans v Stranger

Shenkman v. O'Malley

2 A.D.2d 567 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1956

The rule was clearly stated by this court, many years ago: “ The important question is whether the defendant had the right to impugn the motives of its assailant, if it did so honestly without malice and for the sole purpose … Indeed, the larger the business the greater would be the scope of immunity from liability for injury.

Weidman v. Sibley

16 A.D. 616 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897

When the non-residence of one defendant is established, and the action is dismissed as tó him, it should be allowed to proceed against the others. … He cannot be allowed to appear specially for the purpose of giving a qualified jurisdiction, with the sole object o.f obtaining a dismissal of.the action as to others.

Bass v. City of New York

38 A.D.2d 407 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1972

It had assumed the burden of protection by establishing a police force. It did not fulfill its obligation by assignment of one man to provide such protection.” … On the contrary, the testimony of the plaintiff’s witnesses clearly established that the policy of remaining outside the project unless otherwise requested was followed with respect to all buildings in the area and that the

Hanley v. City of New York

139 A.D.3d 800 · Appellate Division of the Supreme Court of the State of New York · May 11, 2016

After discovery, the City moved for summary judgment dismissing the complaint, arguing that it did not have prior written notice of the alleged roadway defect, that it was entitled to qualified immunity for its highway planning … The City also established, prima facie, insofar as relevant here, that it did not cause or create the alleged defect through an affirmative act of negligence, because the alleged defect was caused over time by erosion and

Kirschner v. Town of Woodstock

146 A.D.2d 965 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1989

This is clearly not an instance where an injury was related to the accumulation of snow and ice in some remote area of the town. … Moreover, the town has failed to *968 establish how the decision not to authorize snow removal from Tinker Street comes within the qualified immunity doctrine delineated in Weiss v Fote ( 7 NY2d 579 ) (see, Bailey v Honda

David Hazan, Inc. v. Tax Appeals Tribunal

152 A.D.2d 765 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1989

The arrival of the goods at foreign destinations is clearly established. The delivery of the packages to the airline for a departing passenger committed the goods for export. … The transac *769 tions were immune from State taxation. The determination should be annulled and the petition granted.

Claim of McQueeney v. Sutphen & Myer

167 A.D. 528 · Appellate Division of the Supreme Court of the State of New York · May 5, 1915

The risks and changes of business are such that it is evident that the ordinary individual or firm cannot qualify as a self-insurer. … The large corporations whose continuous existence is assured, or who are able to deposit the securities required, can qualify as self-insurers.

Doe v. Eliyas

2025 NY Slip Op 04876 · Appellate Division of the Supreme Court of the State of New York · Sep 10, 2025

"'Not-For-Profit Corporation Law § 720-a confers a qualified immunity on uncompensated directors, officers, and trustees of certain not-for-profit corporations'" ( Kamchi v Weissman , 125 AD3d 142, 160 , quoting Samide v … "On a defendant's motion pursuant to CPLR 3211(a)(11) to dismiss a complaint premised on the qualified immunity conferred by N-PCL 720-a, the court must first determine whether the defendant is entitled to the benefit of

Marten v. Eden Park Health Services, Inc.

250 A.D.2d 44 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1998

If immunity or privilege are raised, the party challenging disclosure “bears the burden of *47 establishing that the information sought is immune from disclosure” (Bloss v Ford Motor Co., supra, at 805; see, Central Natl. … Initially, we conclude that the requested materials are clearly relevant to the defense of this action.

Snow v. Rochester Police Officer Christopher Schreier

193 A.D.3d 1346 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2021

The record establishes that plaintiff purchased food from the restaurant but became upset and confronted the staff at length after concluding that she had been given the wrong order and incorrect change. … For similar reasons, we conclude that defendants failed to establish that they were entitled to summary judgment on the excessive force cause of action on the ground of qualified immunity ( see Lennox v Miller , 968 F3d 150

People v. Baker

122 N.Y.S.3d 325 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2020

"The Board [of Examiners of Sex Offenders] Guidelines make it clear the [risk assessment instrument] scoring is predicated upon consideration of an offender's current offense,' which clearly relates to the SORA qualifying … with the qualifying offense.

Rakaric v. Croatian Cultural Club

76 A.D.2d 619 · Appellate Division of the Supreme Court of the State of New York · Aug 11, 1980

The conclusion, however, rests simply on the proposition that plaintiff has failed by her allegations to establish that the relationship to this State was sufficient to displace the normal rule that the lex loci delictus … .69 "In short, the immunity of charities is clearly in full retreat; and it may be predicted with some confidence that the end of the next two decades will see its virtual disappearance from American law. * * * " 67.

Dann v. Auburn Police Department

138 A.D.3d 1468 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2016

Although prosecutors are afforded only qualified immunity when acting in an investigative capacity (see Buckley, 509 US at 275-276 ; Kirchner, 107 AD3d at 1623; Claude H. v County of Oneida, 214 AD2d 964, 965 [1995]), we … It is well established that “ ‘information provided by an identified citizen accusing another of a crime is legally sufficient to provide the police with probable cause to arrest’ ” (Lyman, 74 AD3d at 1843 ; see Zetes, 108

In re Rouss

162 A.D. 496 · Appellate Division of the Supreme Court of the State of New York · May 15, 1914

Such *502 an act clearly tended to pervert or obstruct the administration of justice and the due administration of the law. … his testimony for the People would render him immune.

Gilbert v. Case

3 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · May 20, 1957

The opinion of the Special Term clearly indicates such an intent. … If appellant, a foreign corporation, were to be rendered immune from the jurisdiction of the courts of this State it would also be rendered immune in this State from the very expense for which the statutorily prescribed security