Case law

Madden v. Town of Greene

36 Misc. 3d 852 · New York Supreme Court · Jun 29, 2012

between various acts afforded absolute and qualified immunity. … In this case, the Appellate Division held that defendant “did not establish its entitlement to qualified immunity as a matter of law for its highway planning decisions with regard to the original design and placement of the

Galante v. County of Nassau

186 Misc. 2d 733 · New York Supreme Court · Dec 12, 2000

if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was objectively reasonable to believe that [their] acts did not violate these clearly established … [their] acts [do] not violate these clearly established rights.’ ” (Tenenbaum, at 596.)

Drake v. City of Rochester

96 Misc. 2d 86 · New York Supreme Court · Jun 5, 1978

As the United States Supreme Court noted in Imbler ( 424 US 409 ), the procedural difference between absolute and qualified immunity is an important one. … On the other hand, "The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trials.”

Edwards v. City of Mount Vernon

46 Misc. 3d 435 · New York Supreme Court · Oct 23, 2014

Qualified Immunity The City failed to meet its prima facie burden for summary judgment, as its own motion papers raise issues of fact as to whether it is entitled to qualified immunity in connection with the entry into the … Moreover, the City *445 bears the burden of establishing its defense of qualified immunity based upon the existence of probable cause (see Director General of Railroads v Kastenbaum, 263 US 25, 27 [1923] [in an action for

Belmont East Co. v. Abrams

123 Misc. 2d 404 · New York Supreme Court · Jan 27, 1984

Clearly, Lenka Neurath, Dr. Neurath’s mother, was a senior citizen over the age of 62, and having been declared legally blind, was a disabled person. … There are numerous cases defining who is a “tenant” for the purposes of a cooperative conversion plan, so the term has a well-established meaning.

Brenner v. County of Rockland

92 Misc. 2d 833 · New York Supreme Court · Jan 11, 1978

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … The notice of claim as to the assault, therefore, was clearly untimely.

Lara v. City of New York

187 Misc. 2d 882 · New York Supreme Court · Mar 20, 2001

In order to overcome Social Services Law § 419 qualified immunity, plaintiff must overcome the statutory presumption of good faith and must demonstrate “persuasive [evidence] of bad faith.” … Negligence, 11 even if established, is not synonymous with bad faith.

Olenick v. City of New York

56 Misc. 3d 389 · New York Supreme Court · May 4, 2017

Even if a plaintiff establishes special duty, a municipality acting in a discretionary governmental capacity may rely on the “governmental function immunity defense.” … Plaintiffs argue that because the City did not conduct a study prior to creating the plan, the City cannot invoke the qualified immunity defense.

Friedman v. Rice

47 Misc. 3d 944 · New York Supreme Court · Feb 24, 2015

State of New York, 67 AD2d 167 [3d Dept 1979] [absolute immunity accorded to Attorney General extended to press release issued by deputy]). *953 Even if the statements by defendants Byrne and Tarek are accorded only the qualified … Furthermore, no facts are alleged in the complaint from which constitutional malice on the part of former District Attorney Rice may be established or inferred.

Moore v. Dormin

173 Misc. 2d 836 · New York Supreme Court · Jul 25, 1997

Clearly, the officer’s two statements contradict each other, and both statements are contradicted by numerous other witnesses. … Rather, it was at best an administrative decision to report his opinion of a police officer’s conduct at trial to the officer’s «superiors, which would shield him with qualified immunity.

Seabrook v. Johnson

173 Misc. 2d 15 · New York Supreme Court · May 5, 1997

Nonetheless, upon examination of the submitted record, this court determines that the written statements of the five indicted petitioners do not qualify as statements entitled to automatic immunity. … It is noted, moreover, that the assault charges are clearly not based on the petitioners’ own statements.

Zellermaier v. Travelers Indemnity Co.

190 Misc. 2d 487 · New York Supreme Court · Mar 4, 2002

The statute specifically preserves all common-law immunities. *489 Under the common law, a report to a governmental entity in these circumstances would have a qualified immunity since it was made in the discharge of a private … Insurance Law § 406 was originally passed as section 38-e by chapter 720 of the Laws of 1981 as part of the law that established the Frauds Bureau of the Insurance Department.

Interpetrol Bermuda Ltd. v. Trinidad & Tobago Oil Co.

135 Misc. 2d 160 · New York Supreme Court · Feb 5, 1987

Section 4 (1) (h) and (i) does not clearly and unambiguously evince an intent on the part of *166 Trintoc-Trinidad or the Republic of Trinidad and Tobago to waive any right of immunity from prejudgment attachment. … The omission in this paragraph of any mention of waiver of immunity clearly demonstrates that no waiver of immunity was intended.

People v. Grady

130 Misc. 2d 677 · New York Supreme Court · Nov 26, 1986

. * The statements were not obtained by an attorney and clearly do not reflect an attorney’s training, analysis or strategy. … In addition to this statutory conditional immunity, the courts have recognized, in a criminal case, that when the defendant seeking the material establishes, by a preponderance of the evidence, that the material sought is

People v. Uhrey

169 Misc. 2d 1015 · New York Supreme Court · Jun 26, 1996

While defendant concedes his Grand Jury testimony under oath was given in a proceeding, he argues that the tape recorded sworn statement in the ADA’s office clearly was not. … The oral statements given by the defendant in this case do not qualify under this classification of the crime of perjury.

Gilligan v. King

48 Misc. 2d 212 · New York Supreme Court · Oct 27, 1965

The court in the Times case was careful to point out (p. 283) that communications by a government employee are at least qualifiedly privileged, and a “ fair equivalent of the immunity granted ” is to establish a corresponding … immunity for citizens’ statements about officials (Barr v.

Humane Society v. City of New York

188 Misc. 2d 735 · New York Supreme Court · Jul 4, 2001

The Board of Health’s adoption of a rule such as that at issue clearly qualifies as a “legislative act,” which implicates the legislative immunity privilege. … Plaintiff’s tireless advocacy on behalf of humane issues about which he clearly deeply cares is commendable.

Goldway v. Board of Higher Education

178 Misc. 1023 · New York Supreme Court · Sep 11, 1942

Clearly it is a legislative prerogative — and not for the courts to review its wisdom — to say that it is proper that public officials should not be permitted to hold office and at the same time shield themselves by a claim … For the right to hold public employment is a privilege which may reasonably be qualified by legislative action; and I conceive that such a qualification as set forth in section 903 may not be said to be so unreasonable as

Dolan v. Kelly

76 Misc. 2d 151 · New York Supreme Court · Sep 21, 1973

Clearly, the instant petitioner may not be required to waive his immunity, and if he does so under compulsion his testimony cannot be used against him in a subsequent criminal prosecution. … The polygraph can be a useful investigative tool when the test is expertly prepared and administered and interpreted by a qualified person.

McLean v. City of New York

14 Misc. 3d 922 · New York Supreme Court · Jan 3, 2007

Amendment of City’s Answer to Assert Immunity Pursuant to Social Services Law § 419 The City seeks to amend its answer to assert the defense of qualified immunity pursuant to Social Services Law § 419, which provides: “Any … McLean are not subject to the qualified immunity of Social Services Law § 419. Thus, the defendant City is not *934 entitled to amend its answer to assert a qualified immunity defense pursuant to section 419.