10 New York opinions name it 3 courts 1963–2019 0 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 sentences2013If a functional analysis shows that the employee’s position is sufficiently discretionary, then the municipal defendant must also show “that the discretion possessed by its employees was in fact exercised in relation to the conduct on which liability is predicated” (Valdez, 18 NY3d at 76 ; see Mon, 78 NY2d at 313 [“(I)t must then be determined whether the conduct giving rise to the claim is related to an exercise of that discretion”]). “[G]overnmental immunity does not attach to every action of an official having discretionary duties but [attaches] only to those involving an exercise of that d 2013If a functional analysis shows that the employee’s position is sufficiently discretionary, then the municipal defendant must also show “that the discretion possessed by its employees was in fact exercised in relation to the conduct on which liability is predicated” (Valdez, 18 NY3d at 76 ; see Mon, 78 NY2d at 313 [“(I)t must then be determined whether the conduct giving rise to the claim is related to an exercise of that discretion”]). “[G]overnmental immunity does not attach to every action of an official having discretionary duties but [attaches] only to those involving an exercise of that d | 4 | 5 |
Mon v. City of New Yorkgreen2 sentences2013If a functional analysis shows that the employee’s position is sufficiently discretionary, then the municipal defendant must also show “that the discretion possessed by its employees was in fact exercised in relation to the conduct on which liability is predicated” (Valdez, 18 NY3d at 76 ; see Mon, 78 NY2d at 313 [“(I)t must then be determined whether the conduct giving rise to the claim is related to an exercise of that discretion”]). “[G]overnmental immunity does not attach to every action of an official having discretionary duties but [attaches] only to those involving an exercise of that d 2013If a functional analysis shows that the employee’s position is sufficiently discretionary, then the municipal defendant must also show “that the discretion possessed by its employees was in fact exercised in relation to the conduct on which liability is predicated” (Valdez, 18 NY3d at 76 ; see Mon, 78 NY2d at 313 [“(I)t must then be determined whether the conduct giving rise to the claim is related to an exercise of that discretion”]). “[G]overnmental immunity does not attach to every action of an official having discretionary duties but [attaches] only to those involving an exercise of that d | 3 | 3 |
Ramsey v. Beaversgreen1 sentence2019Ramsey v Beavers , 931 SW2d 527, 531-532 [Tenn Sup Ct]; Paugh v Hanks , 6 Ohio St 3d 72, 79, 451 NE2d 759, 766 ). | 1 | 1 |
United States v. Jeffrey Wayne Sturgisgreen2 sentences1999This test clearly invites a functional inquiry into the use of the instrument rather than a metaphysical reflection on its nature" ( United States v Sturgis, supra, at 788). 1999This test clearly invites a functional inquiry into the use of the instrument rather than a metaphysical reflection on its nature” (United States v Sturgis, supra, at 788). | 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 |
|---|---|---|
Valdez v. City of New York
green
2 sentences2013If a functional analysis shows that the employee’s position is sufficiently discretionary, then the municipal defendant must also show “that the discretion possessed by its employees was in fact exercised in relation to the conduct on which liability is predicated” (Valdez, 18 NY3d at 76 ; see Mon, 78 NY2d at 313 [“(I)t must then be determined whether the conduct giving rise to the claim is related to an exercise of that discretion”]). “[G]overnmental immunity does not attach to every action of an official having discretionary duties but [attaches] only to those involving an exercise of that d 2013If a functional analysis shows that the employee’s position is sufficiently discretionary, then the municipal defendant must also show “that the discretion possessed by its employees was in fact exercised in relation to the conduct on which liability is predicated” (Valdez, 18 NY3d at 76 ; see Mon, 78 NY2d at 313 [“(I)t must then be determined whether the conduct giving rise to the claim is related to an exercise of that discretion”]). “[G]overnmental immunity does not attach to every action of an official having discretionary duties but [attaches] only to those involving an exercise of that d | 3 | 2013–2013 |
Paugh v. Hanks
green
1 sentence2019Ramsey v Beavers , 931 SW2d 527, 531-532 [Tenn Sup Ct]; Paugh v Hanks , 6 Ohio St 3d 72, 79, 451 NE2d 759, 766 ). | 1 | 2019–2019 |
McCormack v. City of New York
green
1 sentence1993Obviously, governmental immunity does not attach to every action of an official having discretionary duties but only to those involving an exercise of that discretion (see, Haddock v City of New York, 75 NY2d 478, 484-485 , supra)” Finally, in McCormack v City of New York ( 80 NY2d 808 ), the Court of Appeals held that the estate of a policeman killed by an emotionally disturbed individual could not recover on a negligence claim based on the commanding police officer’s order at the scene not to fire at the individual even if he discharged his weapon. | 1 | 1993–1993 |
Graphic Arts Mutual Insurance v. Bakers Mutual Insurance
green
1 sentence1980Applying the functional analysis test to separate lines of insurance utilized by the Court of Appeals in Graphic Arts ( 45 NY2d 551, 558 , supra), it may be said that such risks are more properly insured as part of an employer’s liability policy (which is written primarily to secure the policyholder against his common-law liability for injuries resulting to employees [see Appleman, Insurance Law and Practice, § 4571; Insurance Law, § 46, subd 15; 11 Couch, Insurance 2d, § 44.13]), than they are under the instant type of premises liability policy. | 1 | 1980–1980 |
People v. Brown
green
1 sentence1979If nothing else, these two recent cases, and others, demonstrate that the mechanical test of Jenkins and Brown (supra) is no longer valid and has been replaced by a functional test in which the ultimate decision must rest on whether a second trial will violate any of the defendant’s rights protected by the double jeopardy clause. | 1 | 1979–1979 |
United States v. Whitcomb
neutral
1 sentence1963(Cf. United States v. Whitcomb, 200 F. Supp. 249 ; Maddy v. Jones, 230 Md. 172 ; Benson v. Schneider, 68 N. W. [2d] 665 [N. D.].) Essentially it involves an over-all comparison between the foreign uninsured motorist legislation and the forum counterpart. | 1 | 1963–1963 |
Maddy v. Jones
green
1 sentence1963(Cf. United States v. Whitcomb, 200 F. Supp. 249 ; Maddy v. Jones, 230 Md. 172 ; Benson v. Schneider, 68 N. W. [2d] 665 [N. D.].) Essentially it involves an over-all comparison between the foreign uninsured motorist legislation and the forum counterpart. | 1 | 1963–1963 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.