Case law

People on rel. Morton v. Tieman

8 Abb. Pr. 359 · New York Supreme Court · May 15, 1859

Evidence establishing the fact that an officer issuing process is an officer de facto, is not merely prima facie evidence that he is an officer. … It follows that he has not established a right to the writ for which he asks, and the motion must be denied with costs.

Halegoua v. Doyle

171 Misc. 2d 986 · New York Supreme Court · Feb 26, 1997

Where, as here, there is no dispute as to the main facts upon which the qualified privilege is based, it is proper for the court to determine if the subject matter and defendant’s interest are sufficient to establish a qualified … As noted previously, the New York State Department of Health was clearly a proper party to which to send the letter (Public Health Law § 230).

Tobacco v. North Babylon Volunteer Fire Department

182 Misc. 2d 480 · New York Supreme Court · Mar 5, 1999

Measured against the holding of Saarinen (supra) and its progeny, it is evident, as a matter of law, that Firefighter Doyle did not overstep the statutory qualified privilege. (Saarinen v Kerr, 84 NY2d, at 503 .) … Section 205-b provides for an immunity for volunteer firefighters for simple negligence, allowing liability only for “wilful negligence or malfeasance.” This immunity is specifically not extended to fire districts.

Anderson v. WROC-TV

109 Misc. 2d 904 · New York Supreme Court · Jul 13, 1981

Defendants Beni Broadcasting of Rochester, Inc., WHEC-TV, John Thompson and Dick Scheltz make the argument that they do not seek an absolute privilege but only a qualified privilege which would excuse only a certain degree … This is clearly insufficient. (Capelin Assoc. v Globe Mfg. Corp., 34 NY2d 338, 342 ; Metropolitan Bank of Syracuse v Hall, 52 AD2d 1084.)

In re Herlands

204 Misc. 369 · New York Supreme Court · Feb 25, 1953

of the judgment of conviction, pending an appeal, where it shall be made to appear to a Justice of the Supreme Court that ‘ there is reasonable doubt whether the judgment should stand, but not *372 otherwise; ’ and it is clearly … It does give ample protection against the use of such testimony in our own tribunals and it is perfectly well established that this is a sufficient immunity; *373 that all that the State is required to or can do is to give

Plattsburgh State Teachers College Benevolent & Educational Ass'n v. Barnard

9 Misc. 2d 897 · New York Supreme Court · Feb 3, 1958

Since the college itself does not own or control the property in question, its functions cannot place a cloak of tax immunity over the plaintiff. … By reason of the plaintiff’s failure to qualify upon such grounds, the complaint is dismissed, with costs. Submit findings of fact, conclusions of law or order.

Fried v. Straussman

82 Misc. 2d 121 · New York Supreme Court · May 7, 1975

It is the plain intention of this section that a burden is imposed on the "hospital” to clearly and definitively inform the physician as to the reasons for termination. … Neither of these policies has been established as valid or acceptable to the State or Federal bodies having jurisdiction.

Weisgold v. Kiamesha Concord, Inc.

51 Misc. 2d 456 · New York Supreme Court · Aug 1, 1966

Clearly, the report of defendant’s employee, not prepared by defendant’s attorneys and not containing their analysis and trial strategy, is not attorney’s work product. … While CPLR 3101 (subd. d) affords a qualified or conditional privilege to any material prepared for litigation, thus allowing a broad spectrum for judicial interpretation (39 St. John’s L.

People v. Lopez

91 Misc. 2d 157 · New York Supreme Court · Jul 8, 1977

Clearly this is not the law. Barring unusual circumstances, every overheard conversation must be recorded. … It is also noteworthy that the immunity granted before a State Grand Jury is "transactional” whereas the comparable Federal immunity is usually "testimonial” or "use” immunity. .

People v. Mandel

90 Misc. 170 · New York Supreme Court · Apr 15, 1915

On that trial the district attorney practically concedes that Eugene Lamb Richards will permit the use by the district attorney of certain of the books, *172 papers and memoranda as evidence to establish defendant’s insolvency … The rights or immunities which it creates, therefore, are rights and immunities against federal but not against state interference or abridgement. Twining v. New Jersey, 211 U. S. 78,88 ; People v. Adams, 176 N.

Garson v. Hendlin

136 Misc. 2d 114 · New York Supreme Court · Jun 23, 1987

Whether defendant can establish this privilege will ultimately be determined by the trier of the fact. … There is a showing on the papers that defendant will be able to establish the interest requisite to warrant a qualified privilege here, in which case the burden will be upon plaintiff to prove that she acted from malice,

Koota v. Bonanno

52 Misc. 2d 748 · New York Supreme Court · Jul 7, 1966

Immunity is a statutory creation. What the Fifth Amendment grants is not immunity but a constitutional “ privilege ” against self incrimination. … before the Grand Jury the witnesses were clearly and forcefully informed that the immunity, forecast on the first appearance and conferred during the second, was full and complete (Matter of Grand Jury [Cioffi], 8 N Y 2d

Pierce v. Helz

64 Misc. 2d 131 · New York Supreme Court · Sep 28, 1970

The Florida courts, on the other hand, do clearly recognize and sustain the principles of intrafamily and parental immunity to nonwillful tort liability. In the recent case of Denault v. … Nor do the Florida courts in any wise reject this principle except where the tort occurs within the structure of an established family relationship. (See, e.g., Seabrook v. Taylor, 199 So. 2d 315 [Fla.]; Bullock v.

Frost & Dickinson v. Brisbin

19 Wend. 11 · New York Supreme Court · Sep 15, 1837

Whether, therefore, the defendant had so established himself at Milwaukie as to work a change of his domicil or not, is immaterial; for if we concede he has not, he may still be a resident there. … If our exposition of the meaning of the term in the statute is correct, it clearly did not. His actual residence is still at Milwaukie.

National Bank of North America v. International Brotherhood of Electrical Workers Local No. 3

93 Misc. 2d 590 · New York Supreme Court · Dec 14, 1977

The thrust of all the Federal decisions dealing with the Employee Retirement Income Security Act clearly establishes Federal domination over the establishment, conduct, supervision and regulation of pension and retirement … In the area of veterans’ benefits, the Congress specifically provided that such payments were to be immune from attachment or execution.

Larabee v. Spitzer

19 Misc. 3d 226 · New York Supreme Court · Feb 5, 2008

While clearly the legislative process involves tradeoffs and compromises on a myriad of political issues, to continue to deprive the third, supposedly coequal, branch of government with a pay adjustment, on which there is … This would clearly be a “legislative function” as referred to in Bogan v Scott-Harris (supra) and warrant dismissal on immunity grounds. Accordingly, the Governor is entitled to dismissal of the action as against him.

Lodichand v. Kogut

30 Misc. 3d 891 · New York Supreme Court · Jan 3, 2011

It has long been recognized that ‘[flew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction’ (Pie rson v Ray, … ”]; compare Stump v Sparkman, supra [Indiana state court judge who ordered sterilization of minor in violation of established procedures was judicially immune from suit because he acted in judicial capacity and performed

Calandra v. City of New York

90 Misc. 2d 487 · New York Supreme Court · May 26, 1977

This amendment further provided that the proposal submitted by the commission would take effect as specified therein if it received "the affirmative vote of a majority of the qualified electors of the city voting thereon” … duty of the legislature to provide for the creation and organization of local governments in such manner as shall secure to them the rights, powers, privileges and immunities granted to them by the constitution”.

City of New York v. Knickerbocker Trust Co.

52 Misc. 222 · New York Supreme Court · Dec 15, 1906

The projection complained of clearly interferes with the right of the public to use the whole of the public street. It is, therefore, an unlawful incumbrance and constitutes a public nuisance. Ackerman v. True, 175 N. … It is a well-established doctrine that no power resides in the municipality to authorize a permanent obstruction upon a public street; and, whenever the rights of the public are menaced by an act which amounts to a public

Nichols v. County of Rensselaer

132 Misc. 2d 489 · New York Supreme Court · Jun 28, 1986

It is well established that the filing of a notice of claim is not a required precondition to commencing suit against a Sheriff or his deputies (Williams v Town of Irondequoit, 59 AD2d 1049 ). … all Deputy Sheriffs, as well as the Sheriff, are covered within the term "employee” as defined in Local Law No. 5 by virtue of a collective bargaining agreement between the County and union representing the deputies which clearly