Case law

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.

People v. Cianciola

86 Misc. 976 · New York Supreme Court · Apr 9, 1976

That subject matter is clearly stated in the preamble to the first count and for our purposes here the relevancy of any interrogatory related thereto need not be conclusively established. … In the area of criminal contempt, there appears to be little in the way of established precedent concerning what are proper bases for such charges.

Dooley v. Walsh

65 Misc. 2d 306 · New York Supreme Court · Jan 7, 1971

It is undisputed that petitioner duly passed the written and physical civil service examinations for the position of Housing Patrolman and after having been certified as duly qualified (petitioner then serving in the Armed … The section upon which petitioner relies clearly applies only in those situations where seniority, measured by date of appointment, affects persons appointed from the same list vis-a-vis each other, on the question of which

Temple Israel of Lawrence v. Plaut

10 Misc. 2d 1084 · New York Supreme Court · Dec 16, 1957

available for all members of the congregation without regard to age, are essential to the use of the wing for its avowed purpose of religious instruction, or so important for the applicant’s general religious purposes as to be immune … The application is denied. ’ ’ It is the petitioner’s contention that the principle now clearly enunciated as the law of this State, is that a church or temple may not be excluded from any residence district by any zoning

People v. McGarghan

18 Misc. 3d 811 · New York Supreme Court · Sep 5, 2007

As the statute clearly dictates that this defendant is a sex offender, it also specifically dictates that it is the Board who has the power to determine whether he must register (Correction Law § 168-k [2]). … For the same reasons, defendant’s motion to dismiss under the Privileges and Immunities Clause is denied. Accordingly, the motion is denied in its entirety.

Myron W. McIntyre, Ltd. v. Chanler Holding Corp.

172 Misc. 917 · New York Supreme Court · Oct 21, 1939

The defense is based upon an immunity clause in the lease between the parties, which by its terms attempts to exempt the landlord from liability for acts even of his own negligence. … Y. 489), prior to the enactment of section 234 of the Real Property Law, established the public policy of the State as not opposed to- the validity of such exculpatory clauses in leases affecting business property.

People v. Paperno

98 Misc. 2d 99 · New York Supreme Court · Jan 15, 1979

The CPL replaced the selective immunity provisions of the former Code of Criminal Procedure (§ 619, subd [d], par 2) with an automatic grant of immunity by statute, for all Grand Jury witnesses (CPL 190.40, subd 2). … The defendant was further advised that his immunity did not extend to prosecution for perjury or contempt. The crimes of perjury and of contempt by silence and by evasion were clearly explained to the defendant.

Mirabella v. Banco Industrial de la Republica Argentina

38 Misc. 2d 128 · New York Supreme Court · Jan 3, 1963

A third motion raising the latter question of sovereign immunity was made in behalf of the Republic of Argentina by its embassy. … Since the warrant of attachment may be vacated only if the papers clearly establish that plaintiff must ultimately fail (American Reserve Ins. Co. v. China Ins. Co., 297 N. Y. 322, 325 ; Bard-Parker Co. v.

International Tin Council v. Amalgamet Inc.

138 Misc. 2d 383 · New York Supreme Court · Jan 25, 1988

As to this first ground, ITC predicates its immunity from process and suit upon the fact that it was established pursuant to an international compact made between 22 governments and other international entities which produce … The FSIA grants to foreign States immunity from suit in the United States. Clearly ITC is not a foreign State and derives no benefit from this statute. *386 2.

De Lury v. Wurf

35 Misc. 2d 593 · New York Supreme Court · May 21, 1962

Defenses of Qualified Privilege : The defense of qualified privilege is generally available where circumstances are such as to lead those having a common interest in a particular subject matter correctly or reasonably to … Defendants’ position, however, is not in accord with the rule established in this Department, which requires that the sources of information be specifically pleaded (Meyers v. Huschle Bros., 273 App.

Town of Hempstead v. State

9 Misc. 3d 1040 · New York Supreme Court · Jun 16, 2005

The Town argues that the State is not immune from its regulations. … The State disagrees and argues that the Court of Appeals has now clearly stated that, under these circumstances, the State is not subject to such local regulations.

Young v. City of Binghamton

112 Misc. 2d 1017 · New York Supreme Court · Mar 9, 1982

In order to afford the drastic relief sought by this defendant, it must clearly appear that no material or triable issue of fact is presented. … (supra) which restated the vitality of the immunity doctrine set forth in Rottkamp (supra) were decided after the amendment to CPLR 2512, and gave no expression to the claimed abrogation of immunity now contended by the plaintiffs

Young v. Trussel

42 Misc. 2d 108 · New York Supreme Court · Mar 9, 1964

Contrary to petitioners’ contention, the credible testimony and documentary evidence clearly establish that such standard and means of objective, measure were developed and adopted by respondents to ascertain the competence … In my opinion, the mandate of the Constitution for the ascertainment and fitness of qualified civil service candidates, by competitive examinations “ so far as practicable ” (N. Y.

Levitt v. Rockefeller

69 Misc. 2d 337 · New York Supreme Court · Mar 14, 1972

The difference between what constitutes a request to adjudicate an abstract question or to render an advisory opinion and what qualifies as a justiciable controversy is one of degree, and it is impossible to draw a precise … The merits of the allegations are not in issue, and the sole criterion is whether the pleading states a cause of action and not whether the allegations can be established.

Quintero v. Long Island Rail Road

55 Misc. 2d 813 · New York Supreme Court · Jan 2, 1968

What is clearly evident from these landmark decisions is that a State’s waiver of immunity for torts is no longer regarded as a “ gift ” to be conditioned at will but rather a moral obligation consistent with modern concepts … As such, these were not immune from suit even at common law.

LaRocca v. Board of Education of the Jericho Union Free School District

159 Misc. 2d 90 · New York Supreme Court · Aug 31, 1993

Section 89 affords broad protection to records relevant to an individual’s privacy clearly demonstrating a legislative intent to restrict public access to governmental-type records rather than what have been characterized … The Legislature, when it established the FOIL inspection scheme, intended to eliminate in camera governance not to remove the right to privacy that protects municipal employees as well as private citizens.

Brown v. New York City Health & Hospitals Corp.

164 Misc. 2d 441 · New York Supreme Court · Feb 25, 1995

The term "AIDS” refers to the Acquired Immune Deficiency Syndrome. … Once having established a negative baseline test the plaintiff, if she so desired, could have submitted herself to further periodic HIV antibody testing.

Raji v. Bank Sepah-Iran

131 Misc. 2d 158 · New York Supreme Court · Oct 28, 1985

Realizing the likelihood that such friction would be increased by conflicting State and Federal decisions, and attempting to establish a coherent, uniform national policy, Congress enacted the Foreign Sovereign Immunities … While such an explicit waiver need not specifically recite the words "prejudgment attachment”, the wording used must clearly, unambiguously and unequivocally evidence such intent.

People ex rel. Walker v. Roosevelt

144 Misc. 525 · New York Supreme Court · Aug 29, 1932

The respondent, as Governor of the state, is immune from interference by judicial process and free from judicial control in his performance of executive powers. … A sphere of duty has been established for the Executive and within that orbit of power the exercise of his judgment and authority is immune from judicial encroachment.

City Firefighters Union Local 28 v. Duci

104 Misc. 2d 498 · New York Supreme Court · Dec 21, 1976

Mayor’s functions are legislative only (citing Schenectady City Charter, §§ 8.57, 8.58, but cf. § 8.47) and urge, without citation of authority, that he must, on that account, be restricted to the traditional privilege— established … Noted in passing is the holding that the absolute privilege immunizing statements made by municipal officers in the discharge of official duties is applicable to a borough president in administering public affairs and "also