Case law

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

Planey v. Mahoning Cty. Court of Common Pleas

154 Ohio Misc. 2d 1 · Mahoning County Court of Common Pleas · Apr 14, 2009

Huberman filed an answer raising the defense of immunity, statutory, absolute, and qualified. … . {¶ 12} R.C. 2744.03(A)(7) provides that “a judge of a court of this state is entitled to any defense or immunity available at common law or established by the Revised Code.”

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.

Maier v. Besser

73 Misc. 2d 241 · New York Supreme Court · Dec 29, 1972

They were directed to leave school because they did not have certificates of immunization in compliance with section 2164 of the Public Health Law. … Clearly, the child of a parent who is a bona fide Christian Scientist may be enrolled and received into school under the statutory exemption.

Deeds v. DiMercurio

30 Va. Cir. 532 · Albemarle County Circuit Court · Sep 4, 1991

Thus, an intern in a state hospital, who would otherwise be unqualified to practice medicine, will be entitled to immunity under James because the Commonwealth has an interest in maintaining a supply of qualified physicians … In addition, no new frontiers in medicine were being established by the defendant’s activities; the fact that directions were included indicates that the application of these splints has been well-researched in the past.

Longo v. Tauriello

201 Misc. 35 · New York Supreme Court · Sep 19, 1951

Only in such instances can the right of the individual to be secure in his reputation be invaded with complete immunity. … The court pointed out, however, that they may have a qualified privilege.

Carmichael v. Newport News School Board

44 Va. Cir. 43 · Newport News County Circuit Court · Nov 14, 1997

Sovereign Immunity Newport News School Board contends that because the Carmichaels allege simple negligence in their motion for judgment, their pleading fails to establish a cause of action against it. … , whose immunity is qualified, depending upon the function they perform and the manner of performance.”

Downs v. City of Roanoke

16 Va. Cir. 330 · Roanoke County Circuit Court · Aug 7, 1989

While it cannot be clearly demonstrated that the interview was conducted for the common good of all, it can neither be shown that there was any element of special corporate benefit or pecuniary profit. … Failure to recognize the qualified immunity from liability of a municipality for the performance of such a task could severely hamper the operation of these departments.

Ring v. Mikris, Inc.

40 Va. Cir. 528 · Newport News County Circuit Court · Dec 18, 1996

The Hickman Court in resolving the problem created a qualified immunity from discovery for attorney work product prepared in anticipation of litigation. Id: at 511. … In fact, this court takes the opposite position, that discovery should be had unless a party asserting work product protection or other immunity to discovery carries the burden of proof in establishing entitlement to the

Gold v. Intersoft Corp.

128 Misc. 2d 198 · New York Supreme Court · Jan 23, 1985

The Restatement at section 587 accords the same immunity to a party in litigation. … The Court of Appeals held that the grant of absolute, rather than qualified privilege, which in effect conferred immunity for statements, was to be stringently applied.

Rosen v. Brandes

105 Misc. 2d 506 · New York Supreme Court · Oct 4, 1980

There, the defendant asserts the defense of qualified privilege. … “It is an established rule that communications made by one person to another upon a subject in which both have an interest are protected by a qualified privilege.”

Goff v. J. Sargeant Reynolds Community College

68 Va. Cir. 382 · Richmond County Circuit Court · Aug 16, 2005

Title 23, Chapter 16, of the Virginia Code outlines the Community College System as established by the General Assembly. … The legislature created the State Board of Community Colleges to establish, control, and administer the Community College System.

Balderson v. McNamara

49 Va. Cir. 254 · Westmoreland County Circuit Court · Jun 22, 1999

Special Plea in Bar The defendants assert that this claim is barred by the doctrine of sovereign immunity and absolute or qualified privilege. … The pleadings are deficient because they fail to specify the identity of the “other third parties” and thus clearly inform the defendants of the basis of plaintiff’s claim.

Rosenblatt v. Rosenblatt

110 Misc. 525 · New York Supreme Court · Feb 15, 1920

And in the present section (25) the qualifying clause is found that the person must be subpoenaed or ordered to attend “ for the purpose of being examined.” … This clearly covers a witness who has been subpoenaed or ordered to appear (Goldsmith v. Haskell, 120 App. Div. 403 ), and also a party who is to be a witness. Mackay v. Lewis, 7 Hun, 83 .

Joy v. City of Jamestown

207 Misc. 873 · New York Supreme Court · May 16, 1955

Y. 339 ) established that such a duty of care is one of the essential elements of a cause of action for negligence. … Prior to 1929, the doctrine of sovereign immunity prevailed.

MacArthur v. University of Virginia Health Services Foundation

72 Va. Cir. 322 · Charlottesville County Circuit Court · Dec 8, 2006

It must determine whether HSF qualifies for charitable immunity based on Ola and other cases that have established the principles governing charitable immunity in Virginia. … The purpose of paying salaries at this level is to remain competitive and attractive to highly qualified physicians. It clearly does not negate HSF’s claim that it operates as a charity. Id.