Case law

UMG Recordings, Inc. v. Escape Media Group, Inc.

37 Misc. 3d 208 · New York Supreme Court · Jul 10, 2012

However, Judge Pauley also found that section 301 (c) does not limit “Congress’s ability to grant immunity to qualified internet service providers for the infringement of copyrights in works fixed before 1972. … Read in context, section 301(c) is an anti-preemption provision ensuring that the grant of federal copyright *214 protection did not interfere with common law or state rights established prior to 1972.

Board of Commissioners of Excise v. Dougherty

55 Barb. 332 · New York Supreme Court · Dec 30, 1869

The sale by the defendant was clearly proven, and the . defense relied upon was that his wife owned the tavern, and that he sold for her. … "We think a violation of the 13th section of the act was established by the evidence against the defendant, and his agency does not, under the quoted decisions, relieve him. of liability.

Jos. H. Carter, Inc. v. Carter

205 Misc. 192 · New York Supreme Court · Nov 23, 1953

Under the allegations of the amended complaint the plaintiffs need no declaratory judgment to declare and establish their rights, for their rights are clearly defined by the agreement. … In opposition, it is remarked that what plaintiffs really seek by the instant action is legal advice from the court as to their immunity from suit for damages for breach of contract before committing the contemplated breach

Sithian v. Staten Island University Hospital

189 Misc. 2d 410 · New York Supreme Court · Sep 28, 2001

Cusick in his decision of January 19, 2000 (Sup Ct, Richmond County) held: “that all defendants established their rights to immunity from the plaintiffs suit as a matter of law. … The hospital law firm clearly was lead defense and as a result has larger fees than the counsel for Dr. Chang.

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.

People v. Pappalardo

152 Misc. 2d 364 · New York Supreme Court · Nov 14, 1991

The People seek to introduce Iris Lerman’s Grand Jury testimony on their direct case at trial and may do so providing they are able to clearly and convincingly establish that the witness is unavailable in that she is unlawfully … Accordingly, I hold that the People have clearly and convincingly established that this witness is feigning memory loss and is thereby unlawfully refusing to testify.

Duren v. City of Binghamton

172 Misc. 580 · New York Supreme Court · Jul 13, 1939

Where the municipality acts in a proprietary or private capacity it may not invoke the doctrine of sovereign immunity. (Willcox v. County of Erie, 252 App. Div. 20 ; affd., 277 N. Y. 604 .) … The function of the court in determining whether a verdict should stand after the facts have been passed upon by a jury is so clearly understood and has been established for so many generations that discussion or citation

Brown v. New York

22 Misc. 3d 893 · New York Supreme Court · Dec 2, 2008

Additionally, the motion is based primarily on the legal claims of statutory immunity under Social Services Law § 419 and common-law qualified immunity for discretionary acts of public officials, and the agency has not identified … The City has failed to establish its entitlement to statutory immunity under Social Services Law § 419 with respect to: (1) acts, omissions and decisions in returning custody of plaintiff and her older sister to their mother

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.

In re Di Cocco

80 Misc. 2d 854 · New York Supreme Court · Mar 6, 1975

Robilatto was allegedly advised of his legal rights and given transactional and testimonial immunity. Mr. … While it is true the court has a duty to supervise and prevent unfairness in Grand Jury proceedings (People v Ianniello, supra, pp 424, 468), CPL article 210 clearly manifests the legislative intent not to allow challenges

Senken v. Eklund

146 Misc. 2d 811 · New York Supreme Court · Jan 16, 1990

Koehler, immune from suit. … Eklund should benefit from her husband’s immunity.

Consulting Engineers Council of New York State, Inc. v. New York State Department of Transportation

145 Misc. 2d 652 · New York Supreme Court · Oct 31, 1989

All of this is in accordance with the statutory mandate of *655 obtaining the best qualified firm at a price that is fair and reasonable. Excessive compensation is clearly not the purpose of State Finance Law § 136-a. … Then the most highly qualified firms are asked to submit technical proposals. Based upon a review of the technical proposals, DOT then selects the most highly qualified firm, and commences negotiation as to fee.

In re Abrams

134 Misc. 2d 841 · New York Supreme Court · Jul 8, 1986

Certain individuals clearly have overpaid. The United States is not contesting, but has conceded that fact. The right to the refunds has been established. … It contends that any taxpayer seeking a refund would have to identify himself, and establish that he remains entitled to the refund.

Casillo v. St. John's Episcopal Hospital

151 Misc. 2d 420 · New York Supreme Court · Feb 21, 1992

However, careful examination of the statute and cases thereunder establishes otherwise. … Nothing more clearly indicates the lucrative source of income copying has provided to a hospital than the case at bar. St.

People v. Christie

133 Misc. 2d 468 · New York Supreme Court · Jun 18, 1986

The Constitution is not held to require extension of such immunity to all potential witnesses or possessors of dangerous weapons, because the Legislature is entitled to extend the benefit of immunity only to the extent necessary … First, only such employee statements as qualify as representative admissions are admissible in evidence over objection of the corporation.

People v. Lev

91 Misc. 2d 241 · New York Supreme Court · Apr 28, 1977

JURISDICTION AND MATERIALITY At the outset it must be noted that if the defendant committed perjury he did so before the Bronx County Grand Jury which would therefore clearly have jurisdiction to return an indictment. … The CPL (210.20, subd 1, par [b]) allows for dismissal of an indictment only where the evidence fails to establish the crime charged or any lesser included offense.

Rivera v. County of Westchester

31 Misc. 3d 985 · New York Supreme Court · Apr 1, 2011

It is plaintiffs argument that if this statute grants immunity for good faith participation in providing services pursuant to Social Services Law § 424, and there is no immunity for actions of willful misconduct or gross … In Lauer (95 NY2d at 101), we quoted our warning in Steitz v City of Beacon ( 295 NY 51, 55 [1945]) that a ‘crushing burden’ should not be imposed on a governmental body ‘in the absence of [statutory] language clearly designed

Banigo v. Board of Education of Roosevelt Union Free School District

39 Misc. 3d 1048 · New York Supreme Court · Apr 15, 2013

It is worth noting that, even when the charged motive is discrimination, a party in Ross’s position generally is entitled to qualified immunity provided he knew, or had an objective and reasonable basis for believing, that … his *1052 conduct did not violate clearly established rights.

Blasi v. Coca-Cola Bottling Co. of New York, Inc.

121 Misc. 2d 457 · New York Supreme Court · Oct 25, 1983

Supermarkets General contends that the report is immune from disclosure. … In Vernet v Gilbert (supra, p 847 ), however, the court qualified the broad language used in Pataki, stating that there is “a sharp distinction * * * between accident reports which result from the regular internal operations

Railway Mail Ass'n v. Murphy

180 Misc. 868 · New York Supreme Court · Nov 4, 1943

Such law of immunity is as follows: “ The provisions of this article shall not apply to the employees of any employer who concedes to and agrees with the board that such employees áre subject to and protected by the provisions … Defendants assert that the status of plaintiff is defined clearly by the provisions of section 43 of the Civil Rights Law, and that such statute is valid and applicable to it.