Case law

People ex rel. Hamilton Park Co. v. Wemple

22 N.Y.S. 497 · New York Supreme Court · Feb 15, 1893

Clearly, the event of a sale and conveyance of the title of the original owner of land would affect his interest. … But it is also insisted by relator that the proceedings were clearly barred, and every error, omission, and defect in these tax sales were clearly cured by the provisions of chapter 448, Laws 1885.

Canteline v. McClellan

171 Misc. 327 · New York Supreme Court · May 26, 1939

The line between a public officer and a public employment has not been too clearly marked by judicial expression probably because the distinction is not too clear. … The opinion of the court states: “for it is well established by authority that a school teacher is not a public officer but is only an employee of the board of education.” (Matter of Gelson v. Berry, 233 App. Div. 20 .)

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.

People v. DeVecchio

17 Misc. 3d 990 · New York Supreme Court · Oct 10, 2007

Such testimony will be excluded unless it is the type of evidence for which an opinion may be rendered and the opinion is proffered by a suitably qualified expert. … Clearly, that is not a basis for its receipt in this trial and it will not be admitted.

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

Crowell-Collier Publishing Co. v. Josefowitz

9 Misc. 2d 613 · New York Supreme Court · Dec 13, 1957

I must now decide whether, as a matter of law, the twenty-fifth clause immunizes defendants from the charges of fraud levelled by plaintiffs. … On its face, the second cause of action contains sufficient to establish a basis for the alleged breach.

In re Di Brizzi

199 Misc. 670 · New York Supreme Court · May 22, 1951

But, clearly, there is no basis for this contention. The commission is limited to the purposes defined in the executive order; it cannot exceed the powers thereby conferred. … Other arguments are pressed respecting the rights, privileges and immunities of witnesses who are subpoenaed before the commission, such as .right of counsel, the privilege against self incrimination and immunity against

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

Lustig v. Congregation B'Nai Israel

65 Misc. 2d 1052 · New York Supreme Court · Mar 29, 1971

Such intent is not clearly expressed as is required.” … The Legislature clearly declared that a contract entered into containing the caterer’s clause is against public policy.

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

Khalil v. State

17 Misc. 3d 777 · New York Supreme Court · Sep 21, 2007

Defendant contends this incident is not severe or pervasive enough to establish a hostile work environment claim. … and may not be sued for monetary damages unless such immunity is specifically waived.

Flynn v. Farias

139 Misc. 2d 699 · New York Supreme Court · Apr 18, 1988

DESIGN DEFECT A discussion of municipal liability for an alleged design defect must start with the seminal case of Weiss v Fote ( 7 NY2d 579 [I960]), which set forth the doctrine of qualified immunity of a municipality for … If there are facts to support these conclusions, the requirements necessary to overcome a municipality’s qualified immunity are satisfied.

Brown v. State

12 Misc. 3d 633 · New York Supreme Court · Feb 10, 2006

Defendant has raised the doctrine of qualified immunity as a defense to the claims based on violation of equal protection rights. “ ‘A government official performing a discretionary function is entitled to qualified immunity … To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officers involved to believe that their conduct was appropriate under the circumstances, or that officers of reasonable

American-Russian Aid Ass'n v. City of Glen Cove

41 Misc. 2d 622 · New York Supreme Court · Jan 6, 1964

The plaintiff association claims tax immunity as a nonprofit organization and seeks to have voided and cancelled of record the taxes assessed and levied against its real property located in the City of Glen Cove, Nassau County … , for the years 1958 to date and all moneys paid under protest in payment of the said taxes returned. *624 The first question to be determined is whether the plaintiff qualifies as a nonprofit organization under the formula

People v. Goetz

131 Misc. 2d 1 · New York Supreme Court · Jan 16, 1986

It held that "[o]n no view of the evidence” had justification been established. … As a result of the prosecutor’s refusal to limit his waiver of immunity, defendant was not heard.

Daub v. Krieger

15 Misc. 2d 621 · New York Supreme Court · Mar 2, 1959

An examination of the record clearly establishes that at the time of Barber’s appointment to the position of senior surplus food inspector there were two vacancies in the Division of Standards and Purchase. … Inasmuch as Barber could not meet the requirements for an appointment to this office, the credible testimony and documentary evidence clearly establish that petitioner was then the only eligible person who could legally be

Hayward v. Willard Mountain, Inc.

48 Misc. 2d 1032 · New York Supreme Court · Jan 8, 1966

Laboratory reports performed for use in an action on materials which are the subject of litigation clearly fall within the qualified protection of CPLR 3101 (subd. … [d]) but this immunity is removed where, as admittedly here as to a certain object or objects concerning which there has been a substantial change of condition, the material can longer be duplicated and, obviously, the withholding

Hairston v. Broadwater

73 Misc. 2d 523 · New York Supreme Court · Apr 3, 1973

We submit this is a misconception of third-party rights clearly established by Bole-Kelly and a manifestation of relentless desire to tilt insurance proceeds to the pockets of an injured child regardless of relative fault … Such a result would depart from established behavioral norms which protect children and reduce the paramountcy of civil recompense for injury described in Gelbman. IX.

Stanley L. Bloch, Inc. v. Klein

45 Misc. 2d 1054 · New York Supreme Court · Apr 12, 1965

The credible evidence adduced before me clearly establishes that instead of operating at a profit as of April 30, 1957, as advised by defendants ’ financial statement in issue here, plaintiff, in fact, was operating at a … Similarly, while the proof clearly establishes that defendants had facts available to them at the time they delivered this balance sheet to plaintiff to indicate that this financial statement was, or, at the very least, might

McCabe v. County Court

24 Misc. 2d 472 · New York Supreme Court · Feb 17, 1960

(unless there was an actual acquittal upon a prior trial) is not directed toward establishing the defendant’s innocence but is an assertion of a constitutional grant of immunity. … The immunity protects him against being subjected to another trial — any part of another trial.