Case law

Kaler v. DiNapoli

86 A.D.3d 898 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 2011

Petitioner bore the burden of establishing that he is incapacitated from performing his work-related duties “as the natural and proximate result of an injury, sustained in the performance ... of his or her duties by, or as … was a puddle or some unforeseen spill caused by the inmate who had been mopping — which would so qualify the correction officer (see e.g.

Caso v. District Council 37

43 A.D.2d 159 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1973

Clearly, this law was a response to the unique problems of public employer-employee relations. … For example, paragraph (d) of subdivision 5 of section 205 of the Civil Service Law invests exclusive nondelegable jurisdiction in the Public Employment Relations Board to establish procedures for the presentation of claims

Cruz v. City of New York

201 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 1994

While this duty is nondelegable, municipalities are accorded a qualified immunity from liability arising out of a highway planning decision which derives from a concern about unwarranted intrusion into discretionary governmental … Moreover, the City failed to establish that the walkway was included in the City’s hierarchy of anticipated projects, i.e., that its inaction was, indeed, pursuant to a "plan” (see, Ames v City of New York, 177 AD2d 528 )

Lunney v. Prodigy Services Co.

250 A.D.2d 230 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1998

We are in full agreement with the argument of the appellant’s counsel that the e-mail and the bulletin board messages referred to above, although they purport to have been written by the plaintiff, are clearly not “of or … This statement was based on the qualified immunity which, at common law, had been accorded to telegraph companies which, due to their employees’ participation in the transmission of messages, were considered “publishers”

Cregan v. Sachs

65 A.D.3d 101 · Appellate Division of the Supreme Court of the State of New York · May 28, 2009

Once the existence of a duty has been established, resort to an expert is usually necessary. … His duty of care clearly expanded past the immediacy of the procedure.

People v. Presley

22 A.D.2d 151 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1964

The question as to the defendant’s guilt or innocence was clearly one of fact for the jury and the verdict finding him guilty should be upheld unless errors of a substantial and prejudicial character were committed during … We have reviewed the record and in our judgment the defendant received a fair trial and his guilt of the crimes of robbery, first degree, and grand larceny, second degree, as charged in the indictment, was established beyond

In re Marie H.

25 A.D.3d 704 · Appellate Division of the Supreme Court of the State of New York · Jan 24, 2006

Mental Hygiene Law § 31.27 was enacted as part of legislation to establish “Comprehensive Psychiatric Emergency Programs” in the state (see Mem of Assemblywoman Connelly, Governor’s Mem approving L 1989, ch 723, 1989 Legis … Its conduct constituted a State action analogous to an arrest for which the State enjoys a qualified immunity from liability under 42 USC § 1983 (see Glass v Mayas, 984 F2d 55, 58 [1993]).

People v. Reid

141 A.D.3d 156 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2016

The evaluation is made using the RAI to identify each factor, which if established, is assigned a numerical value. The values are then tallied and a risk assessment is recommended according to a corresponding schedule. … The Board Guidelines make it clear the RAI scoring is predicated upon consideration of an offender’s “current offense,” which clearly relates to the SORA qualifying offense and not necessarily other offenses that a defendant

Bynum v. Camp Bisco, LLC

135 A.D.3d 1060 · Appellate Division of the Supreme Court of the State of New York · Jan 7, 2016

Where, as here, a municipality engages in a quintessential governmental function such as the issuance of permits, even if it does so negligently, the municipality is immune from liability unless it owed "a special duty to … Rather, she attempts to excuse her facially inadequate pleadings by relying upon our decision in Boland v State of New York (218 AD2d 235, 241-242 [1996]), where we held that, when a statutory scheme clearly imposes a duty

DANN, CHRISTOPHER v. AUBURN POLICE DEPARTMENT

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), we reject … 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

Krackeler Scientific, Inc. v. Ordway Research Institute, Inc.

97 A.D.3d 1083 · Appellate Division of the Supreme Court of the State of New York · Jul 26, 2012

In 1986, the Legislature added N-PCL 720-a, which affords qualified immunity from litigation to directors, officers and trustees who serve without compensation in not-for-profit corporations (see L 1986, ch 220; Martin v … Paragraph 11 of CPLR 3211 (a) was also enacted at that time to provide an expedited procedure for a defendant to have his or her qualified immunity addressed (see L 1986, ch 220).

Stewart v. Continental Copper & Steel Industries, Inc.

67 A.D.2d 293 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1979

In light of the fact that the plaintiff was never adjudged liable for misconduct in the performance of his duties, he further qualified for indemnification under article tenth. … Clearly, a Grand Jury investigation is covered under subdivision (a) of section 145 as an "investigative proceeding”.

People v. White

167 A.D.2d 256 · Appellate Division of the Supreme Court of the State of New York · Nov 20, 1990

In any event, contrary to defendant’s contentions, the People clearly proved the value of the stolen car exceeded $3,000 beyond a reasonable doubt. *257 The value of the stolen property at the time of the crime may be "established … While the People did not expressly qualify Mr. Hui as an expert witness, in fact a proper foundation was laid for such testimony and the court, in effect, qualified him as such a witness.

Krackeler Scientific, Inc. v. Ordway Research Institute, Inc.

97 A.D.3d 1083 · Appellate Division of the Supreme Court of the State of New York · Jul 26, 2012

In 1986, the Legislature added N-PCL 720-a, which affords qualified immunity from litigation to directors, officers and trustees who serve without compensation in not-for-profit corporations (see L 1986, ch 220; Martin v … Paragraph 11 of CPLR 3211 (a) was also enacted at that time to provide an expedited procedure for a defendant to have his or her qualified immunity addressed (see L 1986, ch 220).

Cayruth v. City of Mount Vernon

188 A.D.3d 1139 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 2020

the evaluation of probable cause to arrest and requisite suspicion to perform a strip search, were objectively reasonable precludes an award of summary judgment in favor of Antonini, Vitelli, and Fegan on the ground of qualified … immunity ( see Williams v City of New York , 153 AD3d 1301, 1304 ).

Alexander v. Eldred

100 A.D.2d 666 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1984

Plaintiff’s expert, eminently qualified, testified without contradiction that a stop sign should have been present, and that maintenance of the intersection at the accident scene was not in accordance with good, sound and … Moreover, there is a statutory mandate that the city establish and maintain such a sign, as may be necessary, to conform to the requirements of State regulations establishing uniform traffic control devices (Vehicle and Traffic

Property Clerk v. Pagano

170 A.D.2d 30 · Appellate Division of the Supreme Court of the State of New York · Aug 1, 1991

establish that respondent had permitted the illegal use of the car. … The use of the word "so” in this context clearly refers back to the qualifying language, which, insofar as relevant here, defines the property as that "used as a means of committing crime or employed in aid or in furtherance

Rennix v. Jackson

152 A.D.3d 551 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2017

To the extent the plaintiffs contend that governmental immunity cannot attach to grossly negligent conduct, their arguments are misplaced. … The City defendants did not move for summary judgment pursuant to a governmental function immunity defense, which would apply where a plaintiff has established all of the elements of a negligence cause of action, including

Blanck v. Nelson

56 N.Y.S. 867 · Appellate Division of the Supreme Court of the State of New York · Mar 24, 1899

if it should happen that the court, in complying with rule 13, has stated more than is necessary in the order of arrest, it can give the defendant no immunity. … They are both based upon the misconduct of the defendant while acting as attorney for the plaintiffs, and are clearly within the scope of section 484, Code Civ. Proc. In the case of Quail v. Nelson, 56 N. Y.

P.R.B. v. State of New York

2022 NY Slip Op 00348 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 2022

therefore correctly rejected defendants' claim of governmental immunity. … Lastly, defendants contend that summary judgment should have been granted as claimant was unable to establish how her rapist gained entrance to Stuyvesant Tower and therefore [*5]cannot establish proximate causation.