Case law

Huzar v. State

156 Misc. 2d 370 · New York Court of Claims · Nov 5, 1992

In addition, for any actions that would not be protected by immunity, he moves for dismissal on the ground that the amended claim does not allege facts which, if proved at trial, would establish either intentional infliction … If not, there is a qualified immunity shielding the government from liability except "when there is bad faith or the action taken is without a reasonable basis.” (Arteaga v State of New York, 72 NY2d 212, 216 .)

Signature Health Center, LLC v. State

28 Misc. 3d 543 · New York Court of Claims · May 20, 2010

On the other hand, governmental actions that require the exercise of discretion but are not judicial or quasi-judicial have been held to be entitled to “qualified immunity,” meaning that they are immune from liability unless … In any event, all of the decisions cited above, in which qualified immunity was clearly recognized, postdate Tango . .

Mink Hollow Development Corp. v. State

87 Misc. 2d 61 · New York Court of Claims · May 24, 1976

The claim clearly requests money damages and money damages only. … Were this a summary judgment motion and were there a more complete record, dismissal might be possible since once defendant establishes qualified privilege, the burden of proof is then on claimant to destroy it by showing

Robilotto v. State

104 Misc. 2d 713 · New York Court of Claims · Jun 6, 1980

We thus find immunity even less called for under the instant circumstances. Clearly defendant did not meet its burden with respect to its immunity defense. (See, e.g., Mink Hollow Dev. … This would appear to be a species of qualified immunity. (See Drake v City of Rochester, supra; Cooper v Morin, 91 Misc 2d 302, 318-320 .) .

Dembrod v. State

185 Misc. 1061 · New York Court of Claims · Nov 19, 1945

Section 8 now provides: “ Waiver of immunity from liability. … from liability must be clearly expressed.”

Avila v. State

39 Misc. 3d 1064 · New York Court of Claims · Jan 8, 2013

Rather, qualified immunity is best pleaded as an affirmative defense in the answer and thereafter be the basis of a motion for summary judgment “supporting the motion with competent evidence establishing a prima facie showing … of qualified privilege” (id.).

Nazario v. State

24 Misc. 3d 443 · New York Court of Claims · Feb 27, 2009

As stated by the Arteaga Court: “Whether an action receives only qualified immunity, shielding the government except when there is bad faith or the action is taken without a reasonable basis ... or absolute immunity, where … Moreover, even if the immunity afforded DOCS is qualified rather than absolute, the State is shielded from liability in the absence of any allegation or inference that the conduct was undertaken in bad faith or without a

Mickens v. State

25 Misc. 3d 191 · New York Court of Claims · May 26, 2009

immunity. … For the same reason, DOCS’ action cannot be viewed as being entitled to either absolute or qualified immunity.

Dunckley v. State

136 Misc. 2d 767 · New York Court of Claims · Aug 21, 1987

Finally, assuming, without deciding, that the Weiss rule of qualified immunity were to be applied here, the result would be the same. (Cf., Discenza v New York Racing Assn., 134 Misc 2d 3 .) … Claimant has offered no evidence to establish that the Board’s decision to defer the requiring of Snell helmets lacked a rational basis.

Southworth v. State

82 Misc. 2d 400 · New York Court of Claims · Jun 17, 1975

There can be no question that the issuance of a driver’s license was the performance of a governmental function and, therefore, that the case does not fall within the category where the State has clearly waived its immunity … Clearly, the defendant owed a duty to the claimants and all other users of the highway; and, just as clearly the State failed to meet its responsibilities in this area.

Spatt v. State

76 Misc. 2d 114 · New York Court of Claims · Aug 4, 1972

Claimant alleges that he had qualified for a scholarship of the type awarded by the State of New York through the Board of Regents and the Education Department. … The State of New York, in its sovereign capacity, and as an aid to furtherance of college *117 education- has established the Regents scholarship program.

Alfin v. State of New York

2023 NY Slip Op 23427 · New York Court of Claims · Dec 31, 2023

Indeed, it is well established that a police officer's pursuit of a motorist for a suspected traffic violation qualifies as an emergency operation ( see Thompson v City of New York , 210 AD3d 1031, 1033-1034 [2d Dept 2022 … Foster v Suffolk County Police Dept. , 137 AD3d 855, 857 [2d Dept 2016] [rejecting the municipal defendants' argument "that they are entitled to immunity outside of the qualified immunity granted by [VTL] § 1104"]; Santana

Waterman v. State

35 Misc. 2d 954 · New York Court of Claims · Aug 29, 1962

Div. 443 [1950]), cited in the Attorney-General’s brief is clearly distinguishable. There a City Judge issued a warrant without an infonnation being laid before him. … Practical common sense would seem to dictate that the result we have reached under established legal standards is a sound one.

Flanigan v. State

113 Misc. 91 · New York Court of Claims · Sep 15, 1920

By this section the state waives immunity and assumes liability for damages sustained by reason of the construction of its canals but provides that the state shall not be liable unless all the facts proved therein make out … a case which would create a legal liability against the state were the same established in evidence in a court of justice against an individual or corporation.

Greaves v. State

35 Misc. 3d 290 · New York Court of Claims · Sep 29, 2011

A fundamental and well-established principle of law drives this claim. … Thus, claimant has clearly established a prima facie case of wrongful confinement entitling him to summary judgment on liability.

McDonald v. State

176 Misc. 2d 130 · New York Court of Claims · Feb 5, 1998

Indeed, the first argument in claimants’ memorandum of law is that the defendant has waived the qualified immunity of Vehicle and Traffic Law § 1103 by failing to plead it as an affirmative defense. … Section 1103 immunizes those workers actually engaged in snow removal (see, Petosa v City of New York, 52 AD2d 919, 920 ). The snowplow operator, Connie L.

Kaplan v. State

198 Misc. 62 · New York Court of Claims · Mar 20, 1950

The evidence establishes that the infection that developed in claimant’s arm was neither properly diagnosed nor treated. … In the Liubowsky case (supra) the court, per Crapser, J., stated (p. 418): “ The State contends that in its operation of Rockland State Hospital, having furnished competent and well-qualified doctors, nurses and attendants

Dahl v. State

13 Misc. 3d 590 · New York Court of Claims · Jun 30, 2006

Claimant is correct in contending that such is insufficient to support a finding of qualified immunity (see e.g. … However, the doctrine of qualified immunity is inapplicable herein for another, more basic, reason: claimants failed to prove a prima facie case of negligence, rendering defendant’s failure to establish a basis for qualified

Ostrowski v. State

186 Misc. 2d 890 · New York Court of Claims · Jan 9, 2001

Judge King properly found that that omission, occurring in the performance of those judicial duties, was immune from suit, but he implied that, were it not for “judicial immunity” and had the omission resulted from the act … by the defendant is established.

Chikofsky v. State

203 Misc. 646 · New York Court of Claims · Dec 3, 1952

Pointing out that the waiver of immunity section of the Court of Claims Act rendered the municipality liable equally with individuals and private corporations for the wrongs of its officers and employees, Thacher, J., for … Wilson Line (supra) it was said at pages 375, 377: “ The law is established that a municipality is answerable for the negligence of its agents in exercising a proprietary function, and at least for their negligence of commission