Case law
Opinions from 1658 to today.
204 results
0.37s
2025 NY Slip Op 30626(U) · New York Supreme Court, New York County · Feb 24, 2025
“A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of … The NYSHRL provides a “clearly established statutory” right that plaintiff alleges Gibbs violated.
Cited 0 timesUnpublished2024 NY Slip Op 24223 · New York Supreme Court, New York County · Aug 21, 2024
In support of its motion, NYU argues that (1) it is immune from suit in a civil action due to the immunity provision of the Gift Act, (2) Plaintiffs fail to state a cause of action for loss of sepulcher and Plaintiffs' claims … To benefit from the immunity provision, a party must demonstrate that it acted in "good faith."
Cited 1 timesPublished2024 NY Slip Op 24223 · New York Supreme Court, New York County · Aug 21, 2024
In support of its motion, NYU argues that (1) it is immune from suit in a civil action due to the immunity provision of the Gift Act, (2) Plaintiffs fail to state a cause of action for loss of sepulcher and Plaintiffs' claims … To benefit from the immunity provision, a party must demonstrate that it acted in "good faith."
Cited 1 timesPublishedMatter of World Trade Ctr. Bombing Litig.
2004 NY Slip Op 24030 · New York Supreme Court, New York County · Jan 20, 2004
In determining whether the alleged negligent acts qualify as a governmental activity deserving of immunity, or a proprietary act subjecting the public entity to tort liability, " '[i]t is the specific act or omission out … This the Court found actionable, and outside the boundaries of the policy-based immunity established in Weiner . ( Crosland v New York City Tr. Auth. , 68 NY2d at 170.)
Cited 0 timesPublished2024 NY Slip Op 24207 · New York Supreme Court, New York County · Jul 26, 2024
Erlinger , expanding on a doctrine which had been established in a number of closely related earlier Supreme Court decisions, held that under the Fifth and Sixth amendments, facts which conclusively establish a higher sentencing … In the view of this court, however, after Erlinger , an inviolate line has been clearly drawn which does not permit courts to make these decisions.
Cited 7 timesPublished2024 NY Slip Op 24068 · New York Supreme Court, New York County · Mar 6, 2024
In defendant's view, plaintiff has cloaked his allegations as a failure to [*3]accommodate claim when the complaint is clearly just challenging an agency's determination as arbitrary and capricious. … Plaintiff's first medical exemption request was based on a lab result that plaintiff claimed showed he had strong immunity to COVID-19.
Cited 0 timesPublishedZain v. Ernest L. Isaacson DPM, P.C.
2025 NY Slip Op 30060(U) · New York Supreme Court, New York County · Jan 7, 2025
In any event, under CPLR 3211(a)(1), a dismissal is warranted only “if the documentary evidence submitted conclusively establishes a defense to the asserted claims INDEX NO. 805136/2021 ZAIN, ROBERT … For evidence to qualify as “documentary,” it must be unambiguous, authentic, and “essentially undeniable” (Dixon v 105 W. 75th St., LLC, 148 AD3d 623, 629 [1st Dept 2017], citing Fontanetta v John
Cited 0 timesUnpublished2024 NY Slip Op 33249(U) · New York Supreme Court, New York County · Sep 17, 2024
They rely on the doctrine established in Imbler v. … State of New York, 71 AD2d 181, 183 [3d Dept 1979][holding that a prosecutor acting as an investigator "should not enjoy absolute but only qualified immunity."]).
Cited 0 timesUnpublished2024 NY Slip Op 34410(U) · New York Supreme Court, New York County · Dec 16, 2024
Id. at 639 ("No court has ever been faced with the question of a President's immunity from prosecution. All that our Nation's practice establishes on the subject is silence.") … Indeed, counsel established through his cross-exarrunat1on of Ms.
Cited 0 timesUnpublished2024 NY Slip Op 50812(U) · New York Supreme Court, New York County · Jun 27, 2024
Immunity It is well-settled that an administrative law judge presiding over an employee's disciplinary trial is entitled to the same absolute immunity from suit as a judge acting in his or [*3]her official judicial capacity … a defense as a matter of law ( see Phillips v Taco Bell Corp ., 152 AD3d 806, 806-807 [2d Dept 2017]; VXI Lux Holdco S.A.R.L v SIC Holdings, LLC , 171 AD3d 189 , 193 [1st Dept 2019] ["A paper will qualify as 'documentary
Cited 1 timesUnpublished2024 NY Slip Op 50812(U) · New York Supreme Court, New York County · Jun 27, 2024
Immunity It is well-settled that an administrative law judge presiding over an employee's disciplinary trial is entitled to the same absolute immunity from suit as a judge acting in his or [*3]her official judicial capacity … a defense as a matter of law ( see Phillips v Taco Bell Corp ., 152 AD3d 806, 806-807 [2d Dept 2017]; VXI Lux Holdco S.A.R.L v SIC Holdings, LLC , 171 AD3d 189 , 193 [1st Dept 2019] ["A paper will qualify as 'documentary
Cited 1 timesUnpublishedRoyal Indem. Co. v. Salomon Smith Barney, Inc.
2004 NY Slip Op 50739(U) · New York Supreme Court, New York County · Jun 29, 2004
of "objective facts establishing an identifiable resolve to litigate." … Footnote 6: As with the "attorney-client" privilege, undated documents or records lacking a clearly identifiable sender and/or recipient would not qualify for the "work product" privilege.
Cited 3 timesUnpublished2025 NY Slip Op 32266(U) · New York Supreme Court, New York County · Jun 27, 2025
The transit defendants move to dismiss (or for summary judgment dismissing) plaintiff’s complaint as against them on the grounds that they are immune from liability based on governmental qualified … As the transit defendants note, the NYCTA’s “determination whether or not to lock the doors of subway cars is a governmental safety decision subject to the qualified immunity doctrine” (Zambrana
Cited 0 timesUnpublishedMorang v. New York City Tr. Auth.
2024 NY Slip Op 31022(U) · New York Supreme Court, New York County · Mar 27, 2024
immunity defense. … In fact, the Court clearly stated that a determination was made that the discovery requested by plaintiff was material and necessary.
Cited 0 timesUnpublishedEstate of Brown v. Terence Cardinal Cooke Health Care Ctr.
2025 NY Slip Op 30109(U) · New York Supreme Court, New York County · Jan 10, 2025
NO. 31 RECEIVED NYSCEF: 01/11/2025 The burden is on the defendant to establish that the plaintiff lacked capacity to … A “disposition based solely upon the absence of a duly appointed administrator does not preclude reprosecution of the underlying claim through the mechanism of CPLR 205 (subd [a]) once a qualified
Cited 0 timesUnpublished2004 NY Slip Op 24297 · New York Supreme Court, New York County · Aug 6, 2004
, a defendant is uniquely qualified to establish. … In those cases, the Court of Appeals clearly placed the burden of proof of other material issues at a Huntley hearing on the defendant.
Cited 0 timesPublishedMendez v. Primitive Christian Church
2025 NY Slip Op 30432(U) · New York Supreme Court, New York County · Jan 31, 2025
Thus, Movant-Defendants’ claim of jurisdictional immunity is unpersuasive and denied. … Moreover, the First Amendment does not provide absolute immunity to religious organizations for wrongful acts committed under their purview.
Cited 0 timesUnpublished2025 NY Slip Op 32904(U) · New York Supreme Court, New York County · Aug 19, 2025
To qualify as “documentary evidence” within the meaning of the statute, the evidence 152258/2025 SAVGIR, DENIS vs. … Exhibit F clearly depicts the area surrounding the Wavertree at Pier 16, where Plaintiff allegedly fell.
Cited 0 timesUnpublished2024 NY Slip Op 33163(U) · New York Supreme Court, New York County · Sep 9, 2024
. (2 NY3d 329, 338 [2004]), the Court of Appeals explained that “persons claiming … employment discrimination cannot recover punitive damages pursuant to section 8-502 as the provision does not clearly … , expressly and specifically waive New York City’s sovereign immunity.”
Cited 0 timesUnpublished2025 NY Slip Op 31634(U) · New York Supreme Court, New York County · May 5, 2025
They describe all the things that the ZOA could be doing, but is not, to fight antisemitism, such as establishing outreaches to college campuses, Washington, D.C., and Israel. … The Klein faction clearly controls the ZOA. A court should not put its hand on the scale to change the balance of power.
Cited 0 timesUnpublished
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