Case law

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.

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.”

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.

Shapiro v. Chase Manhattan Bank, N. A.

84 Misc. 2d 938 · New York Supreme Court · Oct 23, 1975

The rationale appears to be clearly that the maker issuing a check "set[s] the check afloat on a sea of strangers” (Harris v United States, 413 F2d 316, 319, supra). … The petitioner, while a target, is not a witness, nor is he giving any evidence for which immunity may be conferred.

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.

In re the Application for an Order Requiring the Anti-Saloon League

120 Misc. 412 · New York Supreme Court · Mar 15, 1923

conclusively discloses that the Anti-Saloon League of New York, through its officers and employees and at its expense, by the printing and distribution of publications, bulletins, circulars and letters, by public addresses made to qualified … As a corporation, however, it is not exempt or rendered immune from being a political committee when its activities, in whole or in part, come within the definition prescribed by statute for that term.

Larkin v. Colello

131 Misc. 2d 790 · New York Supreme Court · Mar 27, 1986

It is clear to this court that only those persons who are "regular inhabitants” of this area sought to be incorporated and who are also qualified voters are to be considered in establishing the 20% figure. … Clearly, the objector has not sustained any contrary conclusion.

Caryl S. v. Child & Adolescent Treatment Services, Inc.

161 Misc. 2d 563 · New York Supreme Court · May 10, 1994

The "orbit of duty” in such situations is clearly limited to "specifically foreseeable parties [and] at the same time * * * contain[s] liability to manageable levels” (Strauss v Belle Realty Co., 65 NY2d 399 , 404, supra; … These facts are by no means deemed established, and are merely recounted here to set the backdrop to the allegations in the complaint and to furnish a framework for viewing the claims of the parties.

Benzow v. Cooley

22 Misc. 2d 208 · New York Supreme Court · Apr 13, 1960

None of the authorities to which they refer establish any such universal rule. … We do not view so narrowly the great immunities of the Constitution or our own power to enforce them.”

Douglas v. Allen

43 Misc. 2d 35 · New York Supreme Court · May 15, 1964

A review of the record fails to establish by proof or competent evidence that the decision was arbitrary or capricious. … A prospective teacher cannot obtain employment on false statements to qualify above the standard set. In other words these petitioners may not have qualified in the first instance.

People v. Elmhurst Milk & Cream Co.

116 Misc. 2d 140 · New York Supreme Court · Oct 8, 1982

Clearly, despite the 11-county scope of the conspiracies alleged in the civil complaint, the same or very similar activities gave rise to both actions. … Dairy co-operatives were established as a mechanism for collective sales and marketing of members’ milk.

People v. Radtke

155 Misc. 2d 21 · New York Supreme Court · Jul 23, 1992

Boyce, who had testified before the Grand Jury under a waiver of immunity. She is to be a key prosecution witness at this trial. … Clearly, the request for disclosure, which lacks required specificity, is a wholesale, fishing expedition and is improper.

Esposito-Hilder v. SFX Broadcasting, Inc.

171 Misc. 2d 286 · New York Supreme Court · Dec 31, 1996

Establishing prejudice sufficient to deny a motion for leave to amend requires proof "that the nonmoving party has been hindered in the preparation of its case or has been prevented from taking some measure in support of … The literal words of challenged statements do not entitle a media defendant to 'opinion’ immunity or a libel plaintiff to go forward with its action.

Ervin v. Stengel

39 Misc. 2d 532 · New York Supreme Court · Jun 6, 1963

was found not qualified. … that the eligible list established in February, 1963 has been exhausted and that no list presently is in existence.

Restina v. Aetna Casualty & Surety Co.

61 Misc. 2d 574 · New York Supreme Court · Dec 11, 1969

now at issue, the basis for the stated reason is not as clearly identifiable. … Corp. ( 184 Cal. 524 ) the Supreme Court of California sitting en banc faced an identical .situation as presented here, and it held that the constitutional immunity from self incrimination did not absolve an insured from

Rubin v. Conway

190 Misc. 295 · New York Supreme Court · Sep 20, 1947

To attribute to it the conjectural intent of limitation or restriction as here sought by the defendants, is clearly unwarranted in view of the explicit language used. … Cain (supra) in sustaining the relator’s claim raised by writ of habeas corpus, that he was immune from State prosecution for killing a man while on guard duty as a member of the Coast Guard Reserve, the court held as follows

Abrams v. Anonymous

120 Misc. 2d 134 · New York Supreme Court · Apr 5, 1982

If these practices in fact occurred, they clearly would be in violation of the provisions of article 26-A (§ 399-n, subd 4) of the General Business Law as well as section 169-k of article 10-C. … Directly or indirectly demanding, exacting, accepting or receiving any premium or price in excess of the regular or established price or charge for sporting events tickets was established as cause for cancellation or suspension

King v. City of New York

3 Misc. 2d 241 · New York Supreme Court · Mar 23, 1956

, and some vestige of the State’s ancient immunity as a sovereign survives. … was emphasized in the Steitz case (supra, p. 55) where the court said:" An intention to impose upon the city the crushing burden of such an obligation should not be imputed to the Legislature in the absence of language clearly

People on rel. Dillon v. Board of Metropolitan Police

15 Abb. Pr. 167 · New York Supreme Court · Dec 15, 1862

The errors alleged, are, First, The want of sufficient proof to establish the charge of disobedience of orders. … Freedom from arrest and detention at the *173 station-house, is not one of the privileges and immunities of dogs. The order, I think, was clearly a legal and proper order, and one that the policeman was bound to obey.

Schuster v. City of New York

207 Misc. 1102 · New York Supreme Court · Mar 6, 1953

To warrant a potential recovery plaintiff must establish a duty running to his intestate and a violation of that duty. Of course, if there was no duty, there could be no violation (Palsgraf v. Long Island R. R. … The waiver of sovereign immunity by section 8 of the Court of Claims Act (L. 1939, ch. 860) does not affect the matter.