Case law

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.

Miniero v. City of New York

15 Misc. 3d 432 · New York Supreme Court · Feb 7, 2007

The discretionary acts of public officials are entitled to qualified immunity. … Qualified immunity will not shield the government from liability for actions taken in bad faith or the consequences of a decision that is the result of inadequate study or lacks any reasonable basis.

People v. Cohen

187 Misc. 2d 117 · New York Supreme Court · Nov 16, 2000

The court found an analogy in private Bar Association disciplinary committees, members of which are granted such immunity (there was no immunity as to the member firms which employed the disciplinary committee members). … Clearly, this was not a proceeding before an officer of the State or its political subdivision. (See also, People v Merz, 125 Misc 2d 821 [Monroe County Ct 1984].)

New York State Ass'n of Criminal Defense Lawyers v. Kaye

182 Misc. 2d 85 · New York Supreme Court · Oct 28, 1999

This court holds and determines that defendants in potential capital cases — not qualified attorneys eligible to be assigned in capital cases — clearly fall within the primary zone of interest to be protected by the statute … The Legislature clearly regarded the role of the Court of Appeals as central in the establishment of the schedule of fees for counsel in capital cases and could not have envisioned the Court of Appeals as powerless to approve

Wittorf v. City of New York

33 Misc. 3d 368 · New York Supreme Court · Aug 15, 2011

Bowles, a DOT supervisor, clearly had the authority to manage street traffic for the safety of the driving public. … prong that must be established under Cuffy ( 69 NY2d at 260 ).

Fields v. First Liberty Insurance

38 Misc. 3d 431 · New York Supreme Court · Nov 1, 2012

In any event, unlike material conditionally immune from discovery, the attorney-client privilege which has absolute immunity, is not tied to such a decision or to the contemplation of litigation (see Spectrum Sys. Intl. … Plaintiff is clearly entitled to “full disclosure of all matter material and necessary in the prosecution ... of [this] action” (CPLR 3101 [a]).

People ex rel. Reuther v. Sisson

101 Misc. 429 · New York Supreme Court · Oct 15, 1917

not a ‘ privilege or an immunity ’ in the meaning of the constitution, may it not authorize the sale on such terms, by such persons, and at such places, as it thinks proper? … Admitting that the relator is eminently well qualified to carry on the business, it is a sufficient answer to him to say that there were nine other persons in the business equally well qualified whom the commission have selected

Parser v. Krone

41 Misc. 2d 1063 · New York Supreme Court · Feb 28, 1964

It would clearly appear therefore, that the same should be as far as possible avoided or minimized in relative weight as a matter of policy to best effectuate the constitutional purpose. … If the scope of inquiry of the two examinations is not identical the same is clearly overlapping.

Aacon Contracting Co. v. Herrmann

27 Misc. 2d 197 · New York Supreme Court · Oct 13, 1960

The burden here is upon the plaintiff, as the moving party, to establish that the defenses are sham (Liberty Investing Corp. v. Huntington Investing Corp., 224 App. Div. 867 , affd. 251 N. Y. 525 ). … (supra, p. 544): “In order that defeasible immunity may attach to a publication purporting to be fair comment on a subject of public interest, it must be (1) a com *204 ment, (2) based on facts truly stated, (3) free from

Anne D. v. Raymond D.

139 Misc. 2d 718 · New York Supreme Court · May 6, 1988

Likewise, the court notes that in a recent case where an order was sought to compel a party in a custody dispute to submit to an AIDS test, Justice Kristin Booth Glen held that the plaintiff had failed to establish a compelling … "While it is entirely appropriate for trial courts, confronted with a contested custody issue, to call upon qualified and impartial health care professions to render reports based upon examinations of the children and parents

White v. Motor Vehicle Accident Indemnification Corp.

39 Misc. 2d 678 · New York Supreme Court · Jun 7, 1963

A “qualified” person likewise must establish his right to recourse on the issues of fault and damages, by suit, and secure a final judgment in his favor. (Cf. Matter of Moore v. MVAIC, 18 A D 2d 1006.) … It is clear that a claimant (“insured” or “qualified”) cannot “secure * * * recompense ” from MVAIG unless, as a condition precedent thereto, he establish under the applicable New York law (i.e., fault and damages) that he

Rinaldi v. Village Voice, Inc.

79 Misc. 2d 57 · New York Supreme Court · Aug 23, 1974

Calculated falsehood enjoys no immunity in cases of alleged defamation of a public official concerning his official conduct. (Time, Inc. v. Hill, supra, pp. 389, 390 .) … Consequently, a defense of qualified privilege is not a defense where it is demonstrated that the article was published for the sole purpose of enhancing sales. (Hill v. Hayes, supra, p. 491.)

Agesen v. Catherwood

55 Misc. 2d 744 · New York Supreme Court · Jan 15, 1968

But the original enactments (L. 1870 ch. 385; L. 1894 ch. 622; L. 1897 ch. 415; L. 1899 ch. 567) clearly made its provisions with respect to both hours of work and prevailing wages applicable to laborers, workmen or mechanics … Since the State is immune from such regulation or control, it would follow that the Port Authority, too, as a State agency performing governmental functions, would also be immune (cf.

In re Bristol

16 Abb. Pr. 184 · New York Supreme Court · Jun 15, 1863

Thompson qualifies (if it qualifies at all) the decision in Abraham a. … Plestoro no further; and the latter case, and other cases cited, clearly establish the principle, that the courts of this State will not recognize a claim or title, under foreign statutory bankrupt proceedings, to property

Nowicki v. Heafy

180 Misc. 184 · New York Supreme Court · Feb 27, 1943

Then it goes on to qualify this by saying: “ Nothing in this subdivision shall be construed to apply to the position of private secretary, cashier or deputy of any official or department.” … He held a superior position to either a private secretary or a cashier, although these positions are all grouped in the same provision of immunity by subdivision 1 of section 22 of the Civil Service Law.

Loyal Tire & Auto Center, Inc. v. New York State Thruway Authority

168 Misc. 2d 110 · New York Supreme Court · Mar 22, 1995

The United States Supreme Court granted certiorari to determine whether New York could assert sovereign immunity in such a manner consistent with the Fourteenth Amendment. … Clearly, the letter of authorization qualifies as a "license” under the State Administrative Procedure Act. It is a "permission required by law”; without it, a garage may not tow on the Thruway system.

Silberglied v. Mulrooney

150 Misc. 248 · New York Supreme Court · Jan 26, 1934

Admit *259 ting that the relator is eminently well qualified to carry on the business, it is a sufficient answer to him to say that there were nine other persons in the business equally well qualified whom the commission … As set forth in the opinion in Matter of Hoover (supra): “ Now, if the State may prohibit the sale of liquor altogether, since it is clearly not a ‘ privilege or an immunity ’ in the meaning of the Constitution, may it not

People v. Ohrenstein

139 Misc. 2d 909 · New York Supreme Court · Jun 15, 1988

(Compare, Hoellen v Annunzio, *945 468 F2d, supra, at 527; Belardino v Murphy, 364 F Supp 1223, 1224 [SD NY 1972] [mail to "prospective” constituents cannot qualify for congressional frank].) … The courts also clearly are unable to examine the specifics of an employee’s activities in deciding cases of discrimination in hiring; but have done so in context of reviewing claims of legislative immunity with respect to

County of Herkimer v. Village of Herkimer

51 Misc. 3d 516 · New York Supreme Court · Jan 27, 2016

However, the Appellate Division held that the County may be immune from the amendment to the zoning law nevertheless. … The first County of Monroe factor is “the nature and scope of the municipality seeking immunity.”

People v. Rosa

145 Misc. 2d 423 · New York Supreme Court · Oct 23, 1989

Attorney for witness who has executed waiver of immunity "may be present with the witness in the grand jury room. The attorney may advise the witness, but may not otherwise take part in the proceeding”. … Moreover, the particular, and limited, use of this testimony *427 was clearly conveyed to the Grand Jury in the prosecutor’s instructions on the law.