Case law

Maier v. Besser

73 Misc. 2d 241 · New York Supreme Court · Dec 29, 1972

They were directed to leave school because they did not have certificates of immunization in compliance with section 2164 of the Public Health Law. … Clearly, the child of a parent who is a bona fide Christian Scientist may be enrolled and received into school under the statutory exemption.

Longo v. Tauriello

201 Misc. 35 · New York Supreme Court · Sep 19, 1951

Only in such instances can the right of the individual to be secure in his reputation be invaded with complete immunity. … The court pointed out, however, that they may have a qualified privilege.

Gold v. Intersoft Corp.

128 Misc. 2d 198 · New York Supreme Court · Jan 23, 1985

The Restatement at section 587 accords the same immunity to a party in litigation. … The Court of Appeals held that the grant of absolute, rather than qualified privilege, which in effect conferred immunity for statements, was to be stringently applied.

Rosen v. Brandes

105 Misc. 2d 506 · New York Supreme Court · Oct 4, 1980

There, the defendant asserts the defense of qualified privilege. … “It is an established rule that communications made by one person to another upon a subject in which both have an interest are protected by a qualified privilege.”

Rosenblatt v. Rosenblatt

110 Misc. 525 · New York Supreme Court · Feb 15, 1920

And in the present section (25) the qualifying clause is found that the person must be subpoenaed or ordered to attend “ for the purpose of being examined.” … This clearly covers a witness who has been subpoenaed or ordered to appear (Goldsmith v. Haskell, 120 App. Div. 403 ), and also a party who is to be a witness. Mackay v. Lewis, 7 Hun, 83 .

Joy v. City of Jamestown

207 Misc. 873 · New York Supreme Court · May 16, 1955

Y. 339 ) established that such a duty of care is one of the essential elements of a cause of action for negligence. … Prior to 1929, the doctrine of sovereign immunity prevailed.

People v. Trustees of Geneva College

5 Wend. 211 · New York Supreme Court · Jul 15, 1830

R. 387, a franchise was defined by Spencer, justice, to be a privilege or immunity of a public nature, which cannot legally be exercised without legislative grant. … The degree of the individual confers no privilege or immunity upon the pupil: the degree of the corporation does confer a privilege.

Duffy v. Wetzler

148 Misc. 2d 459 · New York Supreme Court · Apr 10, 1990

This line of cases, however, is clearly distinguishable from the case at bar. … In view of the foregoing this court need not reach plaintiffs’ claims of due process and equal protection, or defendants’ defenses of exhaustion of administrative remedies and qualified immunity.

Hanft v. Heller

64 Misc. 2d 947 · New York Supreme Court · Nov 25, 1970

There the court at Special Term stated: “It is well established that, in order to qualify for an absolute privilege under section 74 of the Civil Eights Law, an article need not be a verbatim report of a judicial or other … Clearly, the article in question meets these standards.

Lapham v. Marshall

3 N.Y.S. 601 · New York Supreme Court · Jan 11, 1889

the defendant Martha, when she was on examination before the officer, could have rightfully claimed her privilege, and declined to answer the questions propounded to her bearing upon the-question of fraud, except for the qualifying … Only its express letter, or clearly •manifest intention, requires that it should have such effect. In Dash v. Van Kleeck, 7 Johns. 499 , Kent, O.

Schulman v. Anderson Russell Kill & Olick, P. C.

117 Misc. 2d 162 · New York Supreme Court · Dec 13, 1982

Absolute privilege confers immunity from liability without regard to motivation. … Where a qualified privilege exists, the presumption of malice that applies to unprivileged defamatory statements is lost; the plaintiff, as noted earlier, must prove actual malice in order to establish a cause of action (

In re Grand Jury Subpoena for Documents in the Custody of the Bekins Storage Co.

118 Misc. 2d 173 · New York Supreme Court · Mar 1, 1983

The burden of establishing that the documents are privileged is on the petitioners. … Consequently, the draft contract is immune from subpoena.

Vinci v. Gannett Co.

71 Misc. 2d 146 · New York Supreme Court · Sep 12, 1972

A defendant thus had the burden of proof to establish such defense in a libel suit. In New York Times Co. v. Sullivan ( 376 U. … the court extended the “ qualified privilege ” immunity anonunced in the Times case {supra) to “ public figures • The next time the Supreme Court considered the application of First Amendment guarantees of freedom of the

People v. Lieberman

94 Misc. 2d 737 · New York Supreme Court · Feb 17, 1978

The connection while falling short of substantial is clearly relevant. … A reading of the Grand Jury minutes establishes that it was the testimony of the witness which led to the naming of the "John Doe” supply company.

Van Berkel v. Power

44 Misc. 2d 506 · New York Supreme Court · Oct 30, 1964

Clearly, if the Congress of the United States may not ‘1 enlarge or abridge ’ ’ the rights of a naturalized citizen qua naturalised citizen, the States may not so do. … The State of New York, while it may set forth voter qualifications applying to all citizens, may not establish degrees of citizenship.

Raji. v. Bank Sepah-Iran

139 Misc. 2d 1026 · New York Supreme Court · May 6, 1988

from attachment arrest and execution except as provided in sections 1610 and 1611 of this chapter”, clearly indicates that there are two exceptions to the immunity of a foreign State. (1) Waiver pursuant to prior existing … Furthermore, the various directory entries clearly show that Bank Markazi holds itself out as the Central Bank of Iran. Therefore, section 1611 of the FSIA is not applicable.

Fuchs v. City of New York

57 Misc. 3d 778 · New York Supreme Court · Sep 11, 2017

This statutory qualified immunity precludes the imposition of liability except where the conduct rises to the level of recklessness (Vehicle and Traffic Law § 1104 [e]). … Cuenca was clearly involved in an “emergency operation,” and meets the first criterion for Vehicle and Traffic Law § 1104 immunity. Plaintiff has failed to raise a material issue of fact to rebut this.

Kuczka v. Clark

110 Misc. 2d 273 · New York Supreme Court · May 21, 1981

He also argues that the county’s procedure in establishing the list of eligible candidates was highly arbitrary and contrary to the purpose of having eligibility lists. … Clearly, they too have the constitutional right to pursue their chosen career free from illegal durational residency requirements.

Thompson v. Union Free School District No. 1

45 Misc. 2d 916 · New York Supreme Court · Mar 19, 1965

The district argues further that, even if absolute privilege does not apply, it is nonetheless immune from plaintiff’s suit by reason of the existence of a qualified privilege, since plaintiff has failed to present any facts … Since a showing of malice is essential to overcome a defense of qualified privilege, it follows that plaintiff has failed to establish the existence of a triable issue in that respect, and the defense must prevail.

J.K.C. v. T.W.C.

39 Misc. 3d 899 · New York Supreme Court · Feb 28, 2013

Prior to this amendment only those IRAs which were created as a result of ‘rollovers’ from an exempt trust or pension plan qualified as exempt, whereas IRAs established by funds traceable to the judgment debtor were not protected … Child support is also immune from a charging lien. (Haser v Haser, 271 AD2d 253 [1st Dept 2000].)