Case law

In re Gardiner

101 Misc. 414 · New York Supreme Court · Oct 15, 1917

Joseph’s Seminary, established for the purpose of educating young men for the Roman Catholic priesthood. … The compliance consisted in Barry establishing his residence in New York city before his admission as a student in the seminary, in other words, he first established his ecclesiastical status as a resident of the diocese

Doe v. Roe

155 Misc. 2d 392 · New York Supreme Court · Sep 11, 1992

Moreover, a Compensation Board may not even obtain such information unless it qualifies as a specified recipient under Public Health Law § 2782. *405 (aa) The Workers’ Compensation System is an "Insurance Institution” Qualified … "judicial immunity” with regard to her actions in releasing confidential HIV related information.

Glen v. Rockefeller

61 Misc. 2d 942 · New York Supreme Court · Jan 12, 1970

It is fundamental that the State is immune from suit unless, as in the case of matters authorized to be brought before the Court of Claims, such inherent immunity has been waived by the Legislature (Kagen v. … This 1 ‘ policy ’ ’ intent is clearly enunciated in similar language set forth in section 1264 of the Public Authorities Law, as amended in 1967.

People v. Jacobson

71 Misc. 2d 1040 · New York Supreme Court · Nov 8, 1972

Thus, we should be most careful in admitting into evidence the results of such tests unless their reasonable accuracy and. general scientific acceptance are clearly recognized. ” In setting the standard to be met the court … Nor is there at this time a generally accepted standard to determine who is a qualified examiner. New York State in fact has not as yet set standards nor issued licenses for polygraph examiners.

Morton v. Lang

34 Misc. 2d 213 · New York Supreme Court · Apr 26, 1962

While such “ antagonism ” may *214 or. may not be the fact, the issue here is whether respondent’s conduct in marking .petitioner 1 ‘ not qualified ’ ’ was unreasonable and ..capricious...... ■ It ..clearly appears from the … It is well established that the courts, in the absence of clear proof that the action complained of was illegal or arbitrary and eápricious, will not interfere with an administrative ruling (Matter of Pruzan v.

Salisbury v. Union & Advertiser Co.

52 N.Y. Sup. Ct. 120 · New York Supreme Court · Jun 15, 1887

Some cases are cited which the plaintiff’s counsel claims qualify that proposition. (Flint v. Pike, 4 Barn. & Cress., 473; S. C., 6 D. & R., 528; Delegal v Highley, 3 Bing. N. C., 950; S. C., 5 Scott, 154.) … It is not the reporter’s judgment of the correctness of his comments and their import, but then.’ accuracy and fairness alone which give immunity.

Town of Poughkeepsie v. Hopper Plumbing & Heating Corp.

45 Misc. 2d 23 · New York Supreme Court · Jan 26, 1965

We are not, however, persuaded by the authorities cited in support of this plea of immunity. … We find in section 408 of the Education Law no possible basis for the claimed immunity.

Danaher v. City of Brooklyn

4 N.Y.S. 312 · New York Supreme Court · Feb 11, 1889

It may well be doubted if they may, with immunity, adopt a plan, the natural, obvious, and direct result of which would be to create a nuisance, (City of Evansville v. … These are all deemed to be within the range of immunities incident to its power of sovereignty.

Trask v. Payne

43 Barb. 569 · New York Supreme Court · Apr 5, 1865

The order was therefore substantially in the case, and the defendant had the full benefit of all the supposed immunity it gave him before the jury. … of which the plaintiff had established, as ruled by the court.

People v. Schwimmer

99 Misc. 2d 980 · New York Supreme Court · Jun 13, 1979

The latter was armed with a concealed tape recording device, and the entire discussion was clearly recorded. … A shift in approach clearly emerges in Hoffa v United States ( 385 US 293 , supra) and in United States v Missler (414 F2d 1293 [CCA 4th]).

Hospital Television Systems, Inc. v. New York State Tax Commission

74 Misc. 2d 813 · New York Supreme Court · Jun 28, 1973

The administrative remedy provided in section 1138 is clearly inadequate for such purpose, and we conclude that petitioner can properly maintain this article 78 proceeding. We decide no other issues.” … Gallman (supra) and the conclusion reached in this case invests the Tax Commission with the jurisdictional right to tax the petitioner herein and, therefore, immunizes such commission from collateral attack.

Chin v. Wyman

41 Misc. 2d 641 · New York Supreme Court · Dec 31, 1963

The Interstate Compact on Juveniles was executed on behalf of the State of New York pursuant to chapter 155 of the Laws of 1955, and clearly states its purpose, based on a finding that juveniles who are not under proper supervision … Neither does it appear that any of their privileges or immunities have been abridged if they are properly subject to the restraint authorized by the compact.

Pascarella v. City of New York

135 Misc. 2d 719 · New York Supreme Court · May 12, 1987

In response, the plaintiff argued (a) that a special duty was established between Officer Pascarella and the police department; (b) that the municipality cannot hide behind the doctrine of sovereign immunity where, as here … Based on the facts at trial, I concluded that the defendant was clearly charged with the duty to maintain its property so as to keep it in a reasonably safe condition.

Kneib v. People

50 How. Pr. 140 · New York Supreme Court · Nov 15, 1875

The evidence, on the contrary, established the fact clearly that the milk, as delivered to him, was kept for sale. Ho change of it had been made or attempted. … The testimony given on the trial herein and presented on this appeal establishes clearly that such a test can be made.

Welling v. Marsh

179 Misc. 1033 · New York Supreme Court · Mar 17, 1943

after such non-competitive examination, he may be appointed provisionally to fill such vacancy * * Both the statute and the rule clearly require that the certification by the Commission that the nominee is qualified shall … Although it is well settled that practical construction by an administrative body is entitled to great weight in.a doubtful case, it is equally well established that such practical construction may not override and nullify

Coleman v. St. Michael's Protestant Episcopal Church

90 Misc. 118 · New York Supreme Court · Apr 15, 1915

Inasmuch, however, as the plaintiff in this case is not the recipient of gratuitous benefactions on the part of the jorporation, but paid for the service received, the doctrine of immunity extended to charitable corporations … The well established principle is that a general allegation of negligence is good against demurrer (1 Abb. Forms Pl. 566; Abb.

R P. Adams Co. v. Nist

97 Misc. 2d 374 · New York Supreme Court · Nov 27, 1978

The ECIDA is an agency established pursuant to article 18-A of the General Municipal Law. … It is clearly an agency and instrumentality of New York State performing governmental functions.

State v. New York Movers Tariff Bureau, Inc.

48 Misc. 2d 225 · New York Supreme Court · Oct 14, 1965

not immunize the so-called predatory practices alleged.” … Thus, section 63-cc is clearly an “ ameliorative statute ” (People v. Oliver, supra, p. 159).

Dooley v. Boyle

140 Misc. 2d 171 · New York Supreme Court · Apr 26, 1988

Clearly, these specific notes are both highly material and most critical. Moreover, it is impossible for Dooley to contest accuracy on cross-examination without such. … The "Catch 22” results from competing claims of not being able to obtain disclosure of a reporter’s notes without first establishing relevancy and the inability to establish relevancy without first obtaining disclosure.

In re Spadafora

54 Misc. 2d 123 · New York Supreme Court · Jul 14, 1967

A consideration of the provisions of 'CPLR 3217 which provides for the discontinuance of an action brought by one person asserting a claim against another for which liability may result, clearly establishes its nonapplicability … There can be no self incrimination where immunity is conferred and complete immunity is provided for in the provisions of section 206-b of the Mental Hygiene Law wherein it states “nor shall the facts or proceedings relating