Case law

Santaiti v. Town of Ramapo

2018 NY Slip Op 4584 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2018

However, "the governmental function immunity defense cannot attach unless the municipal defendant establishes that the discretion possessed by its employees was in fact exercised in relation to the conduct on which liability … However, that provision sets forth several requirements before a retired law enforcement officer may be considered a "qualified retired law enforcement officer" within the meaning of that statute, including retirement in

Van Dyke v. New York State Department of Education

144 A.D.2d 85 · Appellate Division of the Supreme Court of the State of New York · Jan 26, 1989

Agency ( 133 AD2d 316 , lv dismissed 71 NY2d 889 ), petitioner asserts that the probation period began on the date he officially passed the qualifying examination, i.e., November 1, 1984, when the eligible list was established … No more was required to qualify for this noncompetitive position. That is not the situation here.

Schechter v. 3320 Holding LLC

64 A.D.3d 446 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 2009

At bottom, Imperial Elevator, the party seeking to qualify Santiago as an expert, bore the burden of establishing that he possessed sufficient skill, knowledge and experience in elevator maintenance and repair such that his … He clearly had sufficient experience to render an opinion about the malfunction of the interlock. Nothing in the record indicates that a license is required of an elevator mechanic.

Wilson v. Ford

148 A.D. 307 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1911

The plaintiffs now contend that the defendants as owners and lessees of lot No. 3 have no rights in the alley whatsoever,' or at best only a qualified right which they are exceeding. … The situation of the parties was the same as when the alleyway was first established.

Bermel v. New York, New Haven & Hartford Railroad

62 A.D. 389 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1901

Y. 1), we may, in support of the judgment, deem the negligence of the defendant to have been' established. … This distinction is clearly recognized in the well-considered case of Wheeler v. Oceanic S. N. Co.

Schittino v. State

262 A.D.2d 824 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1999

immunity (C. v State of New York, 188 AD2d 506 , lv denied 82 NY2d 655 ) and, based upon our review of the record, we find no bad faith or lack of a reasonable basis for the discretionary decision. … Claimant next maintains that the State violated a regulation or established procedure requiring a correction officer to accompany the feed-up worker during the performance of his tasks.

People v. Darrisaw

206 A.D.2d 661 · Appellate Division of the Supreme Court of the State of New York · Jul 14, 1994

Given the foregoing, the prosecutor’s refusal to grant Maiola immunity, though not per se improper (see, People v Owens, 63 NY2d 824 ; People v Finkle, 192 AD2d 783, 787 , lv denied 82 NY2d 753 ), bears profoundly on the … he understood that he could be prosecuted for possession as a result of the admissions made in the affidavit, fulfills the second. * The nature of the statement and Maiola’s direct participation in the events in question clearly

New York City Health & Hospitals Corp. v. Council of New York

303 A.D.2d 69 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2003

Here, the requirement that security personnel qualify as peace officers clearly intrudes on HHC’s managerial flexibility. … “[I]n establishing a public benefit corporation, the City is not getting out of the hospital business.

Sands v. News America Publishing Inc.

161 A.D.2d 30 · Appellate Division of the Supreme Court of the State of New York · Sep 11, 1990

Clearly, all the information about plaintiff which was known to defendant Pileggi prior to the completion and publication of the article in question would be extremely material and useful to the issues involved herein, such … absolute right” or grant journalists "complete immunity from all legal consequences of refusing to disclose evidence relating to a news source” nor does it "include general exemption from the sanctions authorized by CPLR

Ahrens v. City of Rochester

97 A.D. 480 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1904

There the commissioners of sewage of the city of Brooklyn established a drainage district, not theretofore drained, over the lands of the plaintiff. The main sewer was built, and subsequently various lateral sewers. … The principles upon which the case there as well as here is distinguished from cases where the “immunity of a municipal corporation from liability for damages occasioned to those for whose benefit an improvement is instituted

Guida v. Rivera Investigations, Inc.

2022 NY Slip Op 04443 · Appellate Division of the Supreme Court of the State of New York · Jul 8, 2022

"An employee's acceptance of workers' compensation payments does not alone trigger the statute's exclusivity provision[; i]nstead, the Workers' Compensation Law immunizes a fellow employee from suit, and becomes a plaintiff's … Thus, "[w]orkers' compensation qualifies as an exclusive remedy when both the plaintiff and the defendant are acting within the scope of their employment, as coemployees, at the time of injury" ( id. at 150 ).

Brown v. New York City Health & Hospitals Corp.

225 A.D.2d 36 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 1996

court rejected the defendants’ contention that a positive HIV-antibody test was a prerequisite to maintenance of an action for "AIDS phobia” since such a rule would deny recovery to those who lived in fear of AIDS after clearly … The virus gradually weakens the human immune system. When symptoms begin to appear, the person is said to be suffering from AIDS-related complex.

Nassau Insurance v. Guarascio

82 A.D.2d 505 · Appellate Division of the Supreme Court of the State of New York · Aug 24, 1981

On the other hand a “qualified” person receives his benefits from the MVAIC and not an insurance carrier (see Insurance Law, § 605, subd [c] ; § 621-a; see, also, 2A Encyclopedia New York Law, Automobiles, § 1350 et seq.) … When the State of New York waived its immunity by virtue of the enactment of an appropriate provision of the Court of Claims Act (now Court of Claims Act, § 8), immunity of municipal components such as appellant city, which

Davis v. Rosenblatt

208 A.D.2d 297 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1995

of Tax Law § 607), plaintiffs’ application is barred by 26 USC § 3403 and Tax Law § 675, which immunize an employer from liability to an employee in connection with the withholding of Federal and State taxes, respectively … Clearly, the complaint’s reference to that provision is nothing more than a vehicle for an award of counsel fees under 42 USC § 1988 .

BOR Realty Corp. v. New York City Loft Board

129 A.D.2d 496 · Appellate Division of the Supreme Court of the State of New York · Apr 16, 1987

The Court of Appeals quite clearly held that the meaning of the statutory language could differ, depending on the context in which the words were used and the relevant legislative purpose. … The term "primary residence” was a familiar one to the Legislature at the time article 7-C was enacted, and had a well-established meaning.

Levensen v. Berkey Professional Processing, Inc.

122 A.D.2d 867 · Appellate Division of the Supreme Court of the State of New York · Aug 15, 1986

Since the undisputed evidence established that at the time of the plaintiff’s accident Berkey Photo, Inc., was the sole surviving corporation and Film Processing and Professional were merely divisions thereof, we agree with … However, the complaint should not have been dismissed against the defendant McCune, who was a third-party tortfeasor and not immunized by the Workers’ Compensation Law (see, Coley v Ogden Mem. Hosp., 107 AD2d 67 ).

Xia-Ping Wang v. Diamond Hill Realty, LLC

116 A.D.3d 767 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 2014

Materials that clearly qualify as “documentary evidence” include “documents reflecting out-of-court transactions such as mortgages, deeds, contracts, and any other papers, the contents of which are ‘essentially undeniable … Contrary to New York Food’s contention, affidavits do not qualify as “documentary evidence” for purposes of a motion to dismiss pursuant to CPLR 3211 (a) (1) (see Flushing Sav.

People v. May

100 A.D.3d 1411 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2012

It is well established that <6[a] person who is stopped or detained illegally is not immunized from prosecution for crimes committed during his [or her] detention period” (United States v Garcia-Jordan, 860 F2d 159, *1412 … “Dismissal of an indictment in the interest of justice must be exercised sparingly . . . , that is, only in those rare cases where there is a compelling factor which clearly demonstrates that prosecution of the indictment

New York State Ass'n of Criminal Defense Lawyers v. Kaye

269 A.D.2d 14 · Appellate Division of the Supreme Court of the State of New York · Jun 22, 2000

Specifically, respondents directed each of the panels to, inter alia, assess whether the existing schedules were efficacious and whether separate rates should be established for pretrial and trial work and in-court and out-of-court … Not only is the survey largely self-serving, it clearly does not offer empirical evidence that the pool of qualified attorneys will be rendered inadequate by reason of the revised fee schedules.

Barton v. Griffin

55 N.Y.S. 477 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1899

Without, however, attempting to determine whether an answer denying only such facts as are not admitted, qualified, or denied by the previous allegations in the answer, under the rule established by the Oode requiring facts … E. 740 , the answer clearly specified what was admitted and what was denied.