Rosenstein v. State of New York, 37 A.D.3d 208 (N.Y. App. Div. 1st Dep't 2007). · Go Syfert
Rosenstein v. State of New York, 37 A.D.3d 208 (N.Y. App. Div. 1st Dep't 2007). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 2009 → 2026 · click a year to view as-of
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Cited for
concluding that alleged wrongdoing of administrative judges, court officers, and clerks in “transferring and rescheduling” landlord/tenant dispute was cloaked with judicial immunityno pin page on record · 3 citing cases listed
  • Bobrowsky v. Yonkers Courthouse, 777 F. Supp. 2d 692 (S.D.N.Y. 2011).published 2 cites
    (concluding that alleged wrongdoing of administrative judges, court officers, and clerks in “transferring and rescheduling” landlord/tenant dispute was cloaked with judicial immunity)
  • Gu v. Didonato, No. 1:24-cv-05287 (S.D.N.Y. Jan. 2, 2025). 2 cites
    (concluding that alleged wrongdoing of administrative judges, court officers, and clerks in “transferring and rescheduling” landlord/tenant dispute was cloaked with judicial immunity)
  • Owner/Agent @dudeofnewyork v. The Unified Court Sys. of The State of New York, No. 1:24-cv-05929 (S.D.N.Y. Jan. 2, 2025). 2 cites
    (concluding that alleged wrongdoing of administrative judges, court officers, and clerks in “transferring and rescheduling” landlord/tenant dispute was cloaked with judicial immunity)
At page 209 “even if malicious or corrupt, is cloaked with absolute immunity”2 citing cases2 citing courts quote it
  • Dellecave v. State of New York, 87 Misc. 3d 1216(A) (2025).unpublished 4 cites
    However, judges have absolute immunity from suits for judicial acts performed in their judicial capacity ( see Rosenstein v State of New York , 37 AD3d 208, 209 [1st Dept. 2007]; Lewis v State of New York , UID No. 2006 [Ct Cl, Collins, J.…
  • Agwanhu v. City of New York, 2025 NY Slip Op 30841(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished
At page 208 Determining subject matter jurisdiction over judicial acts3 citing casesOrder of the Court of Claims of the State of New York (Alan C. Marin, J.), entered March 15, 2005, which, in a claim for money damages arising out of an…opening of page *208 (no citing court says what it cites this page for) · 2 listed here
  • Moskovits v. State of New York, 206 A.D.3d 535 (N.Y. App. Div. 1st Dep't 2022).published 2 cites
    Claimant's allegation of impropriety amounts to nothing more than an allegation of corruption, which is insufficient to overcome judicial immunity ( Rosenstein v State of New York , 37 AD3d 208, 208-209 [1st Dept 2007]; Tarter v State of N…
  • Town of Turin v. Chase, 151 A.D.3d 1873 (N.Y. App. Div. 4th Dep't 2017).published
    When a judge performs actions in carrying out duties mandated by the applicable statutes and regulations, those actions “fall within the scope of judicial immunity though done maliciously or corruptly” (Mu rray v Brancato, 290 NY 52, 57 [1…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Moshe Rosenstein, Also Known as Marshall Ross
v.
State of New York
Appellate Division of the Supreme Court of the State of New York.
Feb 8, 2007.
Published opinion
37 A.D.3d 208
Cited by 17 opinions  |  Published

Order of the Court of Claims of the State of New York (Alan C. Marin, J.), entered March 15, 2005, which, in a claim for money damages arising out of an erroneous default judgment against claimant in Housing Court, granted defendant’s motion to dismiss the claim, unanimously affirmed, without costs.

Since the Housing Court judge who allegedly changed the date of claimant’s trial without notifying claimant in order to grant claimant’s landlord a default judgment had subject matter jurisdiction over claimant’s landlord/tenant matter, any action taken by that judge in connection with that matter, even if[*209] malicious or corrupt, is cloaked with absolute immunity (see Murray v Brancato, 290 NY 52, 55 [1943]). So too is the alleged wrongdoing of administrative judges, court officers and clerks in transferring and rescheduling the matter (see Weiner v State of New York, 273 AD2d 95, 97-98 [2000]). For the same reason, defendant cannot prevail on his claim administrators committed wrongdoing in not investigating his complaints about the allegedly corrupt judge and in not disciplining him (see Mantell v New York State Commn. on Jud. Conduct, 181 Misc 2d 1027, 1030-1031 [1999], affd 277 AD2d 96 [2000], lv denied 96 NY2d 706 [2001]). We have considered claimant’s other arguments and find them without merit. Concur—Mazzarelli, J.E, Andrias, Marlow, Buckley and McGuire, JJ.