Case law

Broughton v. City of New York

91 Misc. 2d 543 · Civil Court of the City of New York · Sep 23, 1977

A prosecutor’s "quasi-judicial” immunity has been long and unequivocally established; however, research has disclosed no case in New York or elsewhere as to whether it covers a prosecutor’s activities in relation to securing … 834), similar to the qualified immunity on the basis of good faith that was developed in a series of cases where "a prosecutor engaged in certain investigatory activities”.

Signature Health Center, LLC v. State

28 Misc. 3d 543 · New York Court of Claims · May 20, 2010

On the other hand, governmental actions that require the exercise of discretion but are not judicial or quasi-judicial have been held to be entitled to “qualified immunity,” meaning that they are immune from liability unless … In any event, all of the decisions cited above, in which qualified immunity was clearly recognized, postdate Tango . .

Huzar v. State

156 Misc. 2d 370 · New York Court of Claims · Nov 5, 1992

In addition, for any actions that would not be protected by immunity, he moves for dismissal on the ground that the amended claim does not allege facts which, if proved at trial, would establish either intentional infliction … If not, there is a qualified immunity shielding the government from liability except "when there is bad faith or the action taken is without a reasonable basis.” (Arteaga v State of New York, 72 NY2d 212, 216 .)

Mink Hollow Development Corp. v. State

87 Misc. 2d 61 · New York Court of Claims · May 24, 1976

The claim clearly requests money damages and money damages only. … Were this a summary judgment motion and were there a more complete record, dismissal might be possible since once defendant establishes qualified privilege, the burden of proof is then on claimant to destroy it by showing

People v. Weiner

85 Misc. 2d 161 · Criminal Court of the City of New York · Jan 19, 1976

But these privileges and immunities referred to are qualified by the words "as are necessary for the fulfillment of its purposes.” … Casanova v Fitzpatrick, supra), clearly pointed out that immunity of United Nations personnel is not the same as the unlimited immunity granted to a foreign sovereign. Sovereign immunity is absolute.

Robilotto v. State

104 Misc. 2d 713 · New York Court of Claims · Jun 6, 1980

We thus find immunity even less called for under the instant circumstances. Clearly defendant did not meet its burden with respect to its immunity defense. (See, e.g., Mink Hollow Dev. … This would appear to be a species of qualified immunity. (See Drake v City of Rochester, supra; Cooper v Morin, 91 Misc 2d 302, 318-320 .) .

Dembrod v. State

185 Misc. 1061 · New York Court of Claims · Nov 19, 1945

Section 8 now provides: “ Waiver of immunity from liability. … from liability must be clearly expressed.”

In re the Estate of Smith

118 Misc. 2d 165 · New York Surrogate's Court · Mar 7, 1983

Clearly, there still exists a significant class of nonmarital children who could possibly establish the identity of their fathers, but not to an extent that would satisfy the legislatively established criteria that would … Unquestionably, the amendment at issue created a new group of persons who now can qualify as distributees.

Avila v. State

39 Misc. 3d 1064 · New York Court of Claims · Jan 8, 2013

Rather, qualified immunity is best pleaded as an affirmative defense in the answer and thereafter be the basis of a motion for summary judgment “supporting the motion with competent evidence establishing a prima facie showing … of qualified privilege” (id.).

Nazario v. State

24 Misc. 3d 443 · New York Court of Claims · Feb 27, 2009

As stated by the Arteaga Court: “Whether an action receives only qualified immunity, shielding the government except when there is bad faith or the action is taken without a reasonable basis ... or absolute immunity, where … Moreover, even if the immunity afforded DOCS is qualified rather than absolute, the State is shielded from liability in the absence of any allegation or inference that the conduct was undertaken in bad faith or without a

Hodges v. Hodges

202 Misc. 71 · New York Family Court · Oct 9, 1951

It must appear that the statute clearly and expressly intended to change the existing law. … Justice at the price of overruling well-founded and long-established judicial precedent tends to confusion. The law is not a “ wilderness of single instances ’ ’ but proceeds on established principles.

Mickens v. State

25 Misc. 3d 191 · New York Court of Claims · May 26, 2009

immunity. … For the same reason, DOCS’ action cannot be viewed as being entitled to either absolute or qualified immunity.

O'Neill v. Manhattan & Bronx Surface Transit Operating Authority

47 Misc. 2d 765 · Civil Court of the City of New York · Sep 7, 1965

A lawyer acting as a special investigator cannot claim work product immunity any more than he may qualify for the attorney-client privilege ° * * The attorney-client privilege is narrower, in that it does not extend to information … Clearly, the reports of bus operators are or may be required for such hearings.

Dunckley v. State

136 Misc. 2d 767 · New York Court of Claims · Aug 21, 1987

Finally, assuming, without deciding, that the Weiss rule of qualified immunity were to be applied here, the result would be the same. (Cf., Discenza v New York Racing Assn., 134 Misc 2d 3 .) … Claimant has offered no evidence to establish that the Board’s decision to defer the requiring of Snell helmets lacked a rational basis.

In re Jaime T.

96 Misc. 2d 173 · New York Family Court · Aug 30, 1978

language, establishing a broad transactional strain of immunity which barred not only prosecution but also the imposition of "any penalty or forfeiture”. … As discussed supra, the protection presently afforded clearly exceeds the constitutionally mandated minimum.

Southworth v. State

82 Misc. 2d 400 · New York Court of Claims · Jun 17, 1975

There can be no question that the issuance of a driver’s license was the performance of a governmental function and, therefore, that the case does not fall within the category where the State has clearly waived its immunity … Clearly, the defendant owed a duty to the claimants and all other users of the highway; and, just as clearly the State failed to meet its responsibilities in this area.

Spatt v. State

76 Misc. 2d 114 · New York Court of Claims · Aug 4, 1972

Claimant alleges that he had qualified for a scholarship of the type awarded by the State of New York through the Board of Regents and the Education Department. … The State of New York, in its sovereign capacity, and as an aid to furtherance of college *117 education- has established the Regents scholarship program.

People v. Leo

95 Misc. 2d 408 · Criminal Court of the City of New York · Apr 21, 1978

At the outset, it is essential to establish the precise status occupied by defendant in this country. … The underscored language clearly delineates the perimeters of the immunity applicable to defendant, as an employee of the United Nations.

In re the Estate of Reis

182 Misc. 754 · New York Surrogate's Court · Apr 18, 1944

The American Exchange Irving Trust Company, predecessor of the petitioner, Irving Trust Company, is named and has duly qualified as sole executor. … The remaindermen of the trust, thus exempt from contribution, necessarily benefit by the implied statutory immunity extended to the fund.

Alfin v. State of New York

2023 NY Slip Op 23427 · New York Court of Claims · Dec 31, 2023

Indeed, it is well established that a police officer's pursuit of a motorist for a suspected traffic violation qualifies as an emergency operation ( see Thompson v City of New York , 210 AD3d 1031, 1033-1034 [2d Dept 2022 … Foster v Suffolk County Police Dept. , 137 AD3d 855, 857 [2d Dept 2016] [rejecting the municipal defendants' argument "that they are entitled to immunity outside of the qualified immunity granted by [VTL] § 1104"]; Santana