measure immunity in New York

2018The doctrine of governmental function immunity "reflects separation of powers principles and is intended to ensure that public servants are free to exercise their decision-making authority without interference from the courts" ( Valdez v. City of New York , 18 N.Y.3d 69 , 76, 936 N.Y.S.2d 587 , 960 N.E.2d 356 [2011] ).

2018The doctrine of governmental function immunity "reflects separation of powers principles and is intended to ensure that public servants are free to exercise their decision-making authority without interference from the courts" ( Valdez v. City of New York , 18 N.Y.3d 69 , 76, 936 N.Y.S.2d 587 , 960 N.E.2d 356 [2011] ).

1990The legislative purpose of General Obligations Law § 9-103, to expand the availability of outdoor recreation by extending a measure of immunity to landowners, is disserved by an overly narrow construction or application (see, Iannotti v Consolidated Rail Corp., 74 NY2d 39, 44 ).

1990Governmental immunity under the decisional law of this State does not attach to every act, but when official action involves the exercise of discretion or expert judgment in policy matters, and is not exclusively ministerial, a municipal defendant generally is not answerable in damages for the injurious consequences of that action (see, Tango v Tulevech, 61 NY2d 34, 40 ; Arteaga v State of New York, 72 NY2d 212, 216 ; Weiss v Fote, 7 NY2d 579 ).

1990Governmental immunity under the decisional law of this State does not attach to every act, but when official action involves the exercise of discretion or expert judgment in policy matters, and is not exclusively ministerial, a municipal defendant generally is not answerable in damages for the injurious consequences of that action (see, Tango v Tulevech, 61 NY2d 34, 40 ; Arteaga v State of New York, 72 NY2d 212, 216 ; Weiss v Fote, 7 NY2d 579 ).

1969The damages may be considered expressive of the community attitude towards one who wilfully and wantonly causes hurt or injury to another.” (Reynolds v. Pegler, 123 F. Supp., at p. 38 ; emphasis supplied.) In Toomey v. Farley (2 N Y 2d 71, 83) our Court of Appeals citing the quoted language of Prince and Reynolds (supra) said “To those views we subscribe ” followed by this significant statement “ The question of the amount of compensatory and or punitive damage to be awarded was a matter for the jury.” (Emphasis supplied.) Since it is the mere performance of the libelous act and not its conseq

1969The damages may be considered expressive of the community attitude towards one who wilfully and wantonly causes hurt or injury to another.” (Reynolds v. Pegler, 123 F. Supp., at p. 38 ; emphasis supplied.) In Toomey v. Farley (2 N Y 2d 71, 83) our Court of Appeals citing the quoted language of Prince and Reynolds (supra) said “To those views we subscribe ” followed by this significant statement “ The question of the amount of compensatory and or punitive damage to be awarded was a matter for the jury.” (Emphasis supplied.) Since it is the mere performance of the libelous act and not its conseq

1962This sort of delegation of legislative discretion was condemned in Seignious v. Rice ( 273 N. Y. 44, 50 ) in the following language: ‘ ‘ Authorization given to an administrative officer to choose without providing a measure or standard for such classification is beyond the power of the Legislature.

1960S. 2d 205, affd. 283 App. Div. 842 .) Included within the measure of the presumption of regularity, is a judgment of conviction founded on a plea of guilty.

1956As to (3): Many years ago it was aptly said that: “ A person may be of such high character that the grossest libel would damage him none; but that would be no reason for withdrawing his case from the wholesome, if not necessary, rule in respect of punitive damages.” (Prince v. Brooklyn Daily Eagle, 16 Misc. 186, 190 .) And, more recently, it was written that to adopt the view that punitive damages are dependent upon, and must bear relationship to the allowance of actual damages, ‘ ‘ would mean that a defamer gains a measure of immunity no matter how venomous or malicious his attack simply beca

1895It would be comparatively free from difficulty were it not that appellant insists that the court of appeals in Taylor v. Association, 136 N. Y. 343 , 32 N. E. 992 , asserted what constitutes a managing agent, and that an abatement of one jot from the full measure of that rule takes him without the Section.

1895It would be comparatively free from difficulty were it not that appellant insists that the court of appeals in Taylor v. Association, 136 N. Y. 343 , 32 N. E. 992 , asserted what constitutes a managing agent, and that an abatement of one jot from the full measure of that rule takes him without the Section.