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11 New York opinions name it 2 courts 2014–2022 2 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Haddock v. City of New Yorkgreen2 sentences2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree 2016“That defense ‘shield[s] public entities from liability for discretionary actions taken during the performance of governmental functions’ ” (id., quoting Valdez, 18 NY3d at 76 ; see Haddock v City of New York, 75 NY2d 478, 484 [1990]). | 3 | 4 |
Valdez v. City of New Yorkgreen2 sentences2019Furthermore, because the plaintiff "cannot overcome the threshold burden" regarding a special duty, we have "no occasion to address" the plaintiff's argument that the City defendants were not entitled to a defense of governmental function immunity ( Valdez v City of New York , 18 NY3d at 80 ). 2015The defense of governmental function immunity “is not available unless the municipality establishes that the action taken actually resulted from discretionary decision-making” (Valdez v City of New York, 18 NY3d 69, 79-80 [2011]). | 2 | 9 |
McLean v. City of New Yorkgreen1 sentence2021As the defense of governmental function immunity for discretionary actions may preclude liability for any negligence in the investigation ( see McLean v City of New York , 12 NY3d 194, 202-203 [2009]; Hines v City of N.Y. , 142 AD3d at 586-587 ; Esposito v State of New York , 112 AD3d 1006 , 1008 [2013], lv denied 23 NY3d 905 [2014]), claimant has not demonstrated that he was entitled to dismissal of this affirmative defense. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
HENSLER, CARL v. GALASSO, DOMINIC A.
green
2 sentences2016We further conclude, in any event, that defendants are also entitled to summary judgment based on the defense of governmental function immunity (see Bower, 115 AD3d at 1203 ). 2016We further conclude, in any event, that defendants are also entitled to summary judgment based on the defense of governmental function immunity (see Bower, 115 AD3d at 1203 ). | 3 | 2016–2016 |
Galvin v. . Mayor, Etc., of New York
neutral
1 sentence2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree | 1 | 2022–2022 |
Martindale v. State
neutral
1 sentence2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree | 1 | 2022–2022 |
Brown v. State of New York
green
1 sentence2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree | 1 | 2022–2022 |
Flamer v. City of Yonkers
green
1 sentence2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree | 1 | 2022–2022 |
Meistinsky v. City of New York
green
1 sentence2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree | 1 | 2022–2022 |
Mirand v. City of New York
green
1 sentence2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree | 1 | 2022–2022 |
Garrett v. Holiday Inns, Inc.
green
1 sentence2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree | 1 | 2022–2022 |
McCummings v. New York City Transit Authority
green
1 sentence2022In theory, it should be inapplicable to the state itself, which is not a corporation, but in more recent times that distinction has been applied to all governmental actors without regard to its genesis in the law of municipal corporations, which never had sovereign immunity to begin with. - 14 - - 15 - No. 90 special duty to the plaintiff, breached that duty and failed to establish the defense of governmental function immunity) , include, in addition to Bloom (negligent supervision of delinquent children), Robison (slip on porridge), Bernadine (runaway police horse), Missano (horse-drawn stree | 1 | 2022–2022 |
Esposito v. State
neutral
1 sentence2021As the defense of governmental function immunity for discretionary actions may preclude liability for any negligence in the investigation ( see McLean v City of New York , 12 NY3d 194, 202-203 [2009]; Hines v City of N.Y. , 142 AD3d at 586-587 ; Esposito v State of New York , 112 AD3d 1006 , 1008 [2013], lv denied 23 NY3d 905 [2014]), claimant has not demonstrated that he was entitled to dismissal of this affirmative defense. | 1 | 2021–2021 |
Hines v. City of New York
green
1 sentence2021As the defense of governmental function immunity for discretionary actions may preclude liability for any negligence in the investigation ( see McLean v City of New York , 12 NY3d 194, 202-203 [2009]; Hines v City of N.Y. , 142 AD3d at 586-587 ; Esposito v State of New York , 112 AD3d 1006 , 1008 [2013], lv denied 23 NY3d 905 [2014]), claimant has not demonstrated that he was entitled to dismissal of this affirmative defense. | 1 | 2021–2021 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.