Case law

Fogel v. Health

2026 NY Slip Op 01907 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2026

A hospital's bylaws are not a contract entitling staff members to sue for relief in the event of failure to comply with the bylaws unless the bylaws clearly delineate such a right ( see Mason v Central Suffolk Hosp ., 3 NY3d … Here, based on the allegations of the complaint, liberally construed, we conclude that Kaleida failed to establish, on this CPLR 3211 motion, that it is entitled to immunity.

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

Pontarelli v. Shapero

231 A.D.2d 407 · Appellate Division of the Supreme Court of the State of New York · Sep 12, 1996

Chapter of the charity are on a subject in which both have a corresponding interest, i.e., the reasons why plaintiff will no longer serve as president or remain as a member of the Chapter, and are therefore protected by a qualified … Here, plaintiff has clearly alleged that the communications were made with malice.

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.

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

Bombard v. Amica Mutual Insurance

11 A.D.3d 647 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 2004

The party asserting the privilege provided by CPLR 3101 (d) bears the burden of demonstrating that the material it seeks to withhold is immune from discovery (see Koump v Smith, 25 NY2d 287, 294 [1969]) by identifying the … The language of that letter, as well as the subsequent disclaimer letter, clearly *649 established that the defendant’s investigation of the incident and the facts related to the plaintiffs notice of the incident was ongoing

Semmig v. Charlack

143 A.D.3d 802 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 2016

immunity (see Brigham City v Stuart, 547 US 398, 403 [2006]; Diederich v Nyack Hosp., 49 AD3d 491, 493 [2008]; Sirlin v Town of New Castle, 35 AD3d 713 [2006]; Kubik v New York State Dept. of Social Servs., 278 AD2d 644 … However, the appellants established their prima facie entitlement to judgment as a matter of law dismissing the malicious prosecution cause of action insofar as asserted against each of them by demonstrating that the underlying

Hill v. Carpenter

77 A.D.3d 1130 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 2010

After plaintiff commenced this action against both drivers and various other parties, including defendant County of Montgomery, the County sought leave to amend its answer to include certain defenses, including qualified … immunity, and moved for summary judgment dismissing the complaint against it.

Bezar v. New York State Department of Social Services

151 A.D.2d 44 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 1989

As to Giraldo, 7 of the 10 *47 factors set forth in the attachment related to incomplete records of specifically named patients such as, e.g., absent pediatric patient growth and development charts and immunization records … The State clearly has a legitimate interest in insuring that the medically indigent receive high quality medical care at reasonable cost through the review provided in the reenrollment process (see, Matter of Camperlengo

Velez v. City of New York

157 A.D.2d 370 · Appellate Division of the Supreme Court of the State of New York · May 24, 1990

Clearly, defendant was urging the court to submit the question of a special relationship to the jury. … On appeal, it takes that argument several steps further by urging that the assessment of danger is itself a matter of police judgment and discretion immune from judicial second-guessing, and also that other considerations

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

Commissioner of the N.Y. State Dept. of Transp. v. Polite

2024 NY Slip Op 06023 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 2024

Actions that "seek to recover funds from tribal coffers or establish vicarious liability of a tribe for damages . . . are barred by tribal sovereign immunity even when nominally styled as against individual officers" ( Jamul … Moreover, we reject the commercial defendants' argument that the Westwoods qualifies as "Indian country" pursuant to 18 USC § 1151 .

Shipley v. City of New York

80 A.D.3d 171 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2010

The Supreme Court granted- the motion with respect to the cause of action asserted by the infant plaintiff Shannon Shipley on the ground that she lacked capacity to sue because she did not qualify as “next of kin” as that … This latter duty is not only ministerial in nature (see Tango v Tulevech, 61 NY2d 34, 40 [1983]), but is clearly for the benefit of, and is owed directly to, the next of kin.

People v. Beattie

96 A.D. 383 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1904

the board is required to issue to the applicant a certificate showing that he is qualified to practice as a master or journeyman horseshoer. … It thus clearly appears by this amendment that for a violation of section 384m of the Penal Code outside of cities of the first and second class no penalty whatever is provided, while within those cities such act is made

Cohen v. City of New York

2022 NY Slip Op 05833 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 2022

which was for summary judgment dismissing so much of the amended complaint as alleged negligence with respect to the planning and design of the exit ramp insofar as asserted against the City and NYCDOT on the ground of qualified … immunity, for the reasons set forth in Riddell v City of New York (___ AD3d ___).

American Catalog Mailers Assn. v. Department of Taxation & Fin.

2026 NY Slip Op 02908 · Appellate Division of the Supreme Court of the State of New York · May 7, 2026

The statute [*3] "was designed to define clearly a lower limit for [a state's] exercise of [its taxing] power," and "[c]larity that would remove uncertainty was Congress' primary goal" ( Heublein, Inc. v South Carolina Tax … Consistent with that purpose, the statute establishes a functional standard for immunity — activities that are solely solicitation — that must be applied across a wide range of business practices ( see Wisconsin Dept. of

Soviero Bros. Contracting Corp. v. City of New York

286 A.D. 435 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 1955

A total immunity clause is bad; a limitation provision, if reasonable, is not. … It is questionable whether they are sufficient to establish an instance of constructive fraud, which plaintiff must establish, at least if it is to be entitled to damages for fraud.

People v. Malloy

2024 NY Slip Op 03264 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2024

of qualifying offenses in a state other than New York. … Thus, there is no reason to believe that only a few such offenders committed their qualifying out-of-state offenses in a nonviolent manner.

Warner v. State of New York

2018 NY Slip Op 7589 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2018

Contrary to claimant's contention, the court applied the correct standard of "ordinary rules of negligence" and did not apply principles of qualified immunity ( Brown v State of New York , 31 NY3d 514, 519 [2018]). … The court determined that claimant failed to establish by a preponderance of the evidence that a dangerous condition existed; that even if a dangerous condition existed, the evidence did not establish that defendant had notice

Hahn v. City of Rensselaer

166 A.D.2d 795 · Appellate Division of the Supreme Court of the State of New York · Oct 18, 1990

The presence of such hazards in this case were amply demonstrated in defendant’s motion papers, thereby justifying defendant’s "exercise of reasoned judgment” (Tango v Tulevech, supra, at 41 ) and establishing its immunity … As for the allegedly slanderous statements reportedly made by defendant’s employees to plaintiffs sister, those statements clearly do not constitute slander per se, attack plaintiff’s professional ability or accuse him of