Case law

Pulis v. T. H. Kinsella, Inc.

156 Misc. 2d 499 · New York Supreme Court · Jan 27, 1993

Following joinder of issue and discovery, defendant has moved for summary judgment on the ground that it is immune from negligence liability pursuant to General Obligations Law § 9-103. … Since the area consists of excavated and piled stone and gravel, with stone crushing and gravel-hauling operations 6Vi days per week, its unsuitability is clearly established.

John v. Hoag

131 Misc. 2d 458 · New York Supreme Court · Mar 19, 1986

Despite the inroads which have been made on the sovereignty of the Indian tribes by Congress the principle of immunity from suit still remains well established. … The court finds it well established that the defense of sovereign immunity may not be evaded by the simple device of suing officers in their individual capacity.

Weitzman v. Eagle-Picher Industries

144 Misc. 2d 42 · New York Supreme Court · May 9, 1989

preempted under the terms of Boyle unless the subject matter of the government contract touches an area of 'uniquely federal interest’ and there is a 'significant conflict’ between state law and the federal interest. * * * "Clearly … approved, pursuant to this discretionary function exception, is also immune.

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.

People v. Spiegel

26 N.Y.S. 1041 · New York Supreme Court · Jan 12, 1894

It is true that he qualified this request by adding the words, “unless the jury find it to be a part of a fraudulent scheme;” this qualification clearly referring to what had already been stated in the charge in regard to … This, clearly, cannot form any ground for the reversal of a judgment.

People v. Costello

90 Misc. 2d 431 · New York Supreme Court · Jun 1, 1977

The acts of prostitution which were established at this trial, sexual intercourse and fellatio, clearly bring this defendant within the purview of the statute. … Society may not be able to enforce morality, but it clearly can legislate it.

Hudson Transit Lines, Inc. v. Bragalini

11 Misc. 2d 1094 · New York Supreme Court · Jan 8, 1958

This latter remedy clearly is not a satisfactory or adequate alternative. … The plaintiff does not seek to cast the defendants in judgment, nor to establish liability attributable to the defendants.

Sinagra v. City of New York

38 Misc. 3d 234 · New York Supreme Court · Oct 18, 2012

on the basis that (1) the NYPD did not effectuate the *237 arrest of Sinagra or have anything to do with his prosecution; (2) the DA’s Office, who is responsible for the arrest and prosecution of Sinagra, is absolutely immune … immunity because its agents were acting in an investigatorial capacity leading up to his arrest; and (3) dismissal of his criminal proceedings, on speedy trial and due process violations, is a proper basis to bring a malicious

Thomas v. Dakin

22 Wend. 9 · New York Supreme Court · Oct 15, 1839

To receive grants of privileges and immunities, and to enjoy them in common. … We must clearly do so until the fact is denied by plea.

People v. Baxley

140 Misc. 2d 516 · New York Supreme Court · Jul 20, 1988

The affidavit submitted by defense counsel, uncontroverted by the People, establishes that the prosecution refused to allow the defendant to testify before the Grand Jury prior to an order of examination being issued by the … the lack of any procedural violations, the court is nonetheless troubled by the fact that the defendant, on more than one occasion, communicated his desire to the People to testify and the fact that the Judge in Part N, clearly

Weigand v. University Hospital of New York University Medical Center

172 Misc. 2d 716 · New York Supreme Court · Apr 1, 1997

The virus gradually weakens the human immune system and, if full-blown AIDS develops, there is a breakdown of the body’s immune system, leading eventually to death ( 225 AD2d, at 43 ). … This is clearly a matter to be examined within the context of a physician-patient relationship.

O'Callaghan v. Finegan

166 Misc. 556 · New York Supreme Court · Jul 27, 1937

Y. 570 ), but, as has been pointed out, the commission may not promulgate clearly unreasonable regulations such as the imposition of a twenty-five-year age limitation for applicants who otherwise are qualified and possess … This distinction is clearly pointed out in Matter- of Barthelmess v. Cukor ( 231 N. Y. 435, 441 ).

Field v. Manufacturers Trust Co.

185 Misc. 886 · New York Supreme Court · Oct 2, 1945

Immunity from liability. 1. … Further, the very condition that caused the accident (darkness) was the very design intended to be effectuated by air raid drills and clearly the Legislature intended to grant immunity in those cases where the negligence

Reese v. Andreotti

57 Misc. 3d 1210A · New York Supreme Court · Oct 18, 2017

in China and elsewhere such that the directors would, under Section 141(e) of the Delaware General Corporation Law, be immune from monetary liability for their good faith reliance on reports provided by the Company's well-qualified … "However, factual allegations that do not state a viable cause of action, that consist of bare legal conclusions, or that are inherently incredible or clearly contradicted by documentary evidence are not entitled to such

People v. Spiegel

9 N.Y. Crim. 60 · New York Supreme Court · Jan 15, 1894

We do not think that the juror was so clearly shown to be competent, that we should reverse the conviction upon such a ground. … This clearly cannot form any ground for the reversal of a judgment.

Rider v. Speaker

180 Misc. 2d 999 · New York Supreme Court · May 24, 1999

It has been long established that there is no legally cognizable cause of action to recover damages for injuries suffered by a minor child for negligent parental supervision (see, Holodook v Spencer, 36 NY2d 35, 50 [1974] … Rider had clearly undertaken to care for the infant plaintiff and assumed temporary control and responsibility for the infant while his mother was at work.

Wolin v. Abraham & Straus

64 Misc. 2d 982 · New York Supreme Court · Nov 27, 1970

The defendant asserts that it is protected by the immunity conferred by section 218 of the General Business Law and interposes the defense of that statute. … Section 218 of the General Business Law clearly was intended to reach the host of imaginative devices by which retail mercantile establishments are put upon, whether the method used is shoplifting, use of stolen credit cards

Bernard Katz, Inc. v. East 30th Street Corp.

172 Misc. 873 · New York Supreme Court · Oct 21, 1939

The defense is based upon an immunity clause in the lease between the parties which exempts the landlord from liability for acts even of his own negligence, specifically including that of water leakage. … In the latter case it was said (at p. 28): “ It is the general rule that statutes dealing with other matters than those of mere procedure will not be interpreted as retroactive unless such intent clearly appears from their

American Fur Manufacturers Ass'n v. Associated Fur Coat & Trimming Manufacturers, Inc.

161 Misc. 246 · New York Supreme Court · Nov 30, 1936

These associations became the subject of a legislative investigation, when the proposal arose to extend to them the immunities of the ordinary labor union. … If it were meant to be only what was already clearly the common law, the legislation was unnecessary and futile. But it must be assumed that the Legislature intended their act to be an effective one.

Health Insurance Ass'n of America v. Corcoran

140 Misc. 2d 255 · New York Supreme Court · Apr 16, 1988

Lack of insurance coverage is a major financial problem for anyone not poverty stricken and thus qualifying for welfare’s Medicaid. … Petitioners have established a firm foundation of minimum accepted facts and statistics in order to establish reasoned conclusions on the fiscal implications of the HIV epidemic on individual and small group health insurance