immunity defense in New York

2025As to the timeliness of the Claim, Counsel, quoting Dreger v New York State Thruway Auth., 81 NY2d 721, 723 [1992], argues that "[t]he Court of Claims Act contains no recommencement provision of its own, but section 10 (6) expressly incorporates the time limitations and tolling provisions of CPLR article 2, and [Court of Claims Act] § 9 (9) requires that Court of Claims practice follow Supreme Court practice, unless other provisions are expressly made.

2025As to the timeliness of the Claim, Counsel, quoting Dreger v New York State Thruway Auth., 81 NY2d 721, 723 [1992], argues that "[t]he Court of Claims Act contains no recommencement provision of its own, but section 10 (6) expressly incorporates the time limitations and tolling provisions of CPLR article 2, and [Court of Claims Act] § 9 (9) requires that Court of Claims practice follow Supreme Court practice, unless other provisions are expressly made.

2025The immunity test established by Barnes focuses not on the name given to a cause of action but instead on "whether a plaintiff's ' theory of liability would treat a defendant as a publisher or speaker of third-party content' " ( Calise v Meta Platforms, Inc. , 103 F4th 732 , 740 [9th Cir 2024]; see Federal Trade Commn. v LeadClick Media, LLC , 838 F3d 158, 175 [2d Cir 2016]).

2025The immunity test established by Barnes focuses not on the name given to a cause of action but instead on "whether a plaintiff's ' theory of liability would treat a defendant as a publisher or speaker of third-party content' " ( Calise v Meta [*5]Platforms, Inc. , 103 F4th 732 , 740 [9th Cir 2024]; see Federal Trade Commn. v LeadClick Media, LLC , 838 F3d 158, 175 [2d Cir 2016]).

2019Ultimately, however, the Supreme Court credited as "consistent with both the doctrine of Presidential immunity as set forth in Fitzgerald and rejection of the immunity claim in this case" the statement that, "although the President is placed [on] high,' not a single privilege is annexed to his character; far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment'" ( id. at 696, quoting 2 Jonathan Elliot, Debates on the Federal Constitution at 480 [2d ed. 1863 [statement in favor of the Constitution's adoption by James

2019Ultimately, however, the Supreme Court credited as "consistent with both the doctrine of Presidential immunity as set forth in Fitzgerald and rejection of the immunity claim in this case" the statement that, "although the President is placed [on] high,' not a single privilege is annexed to his character; far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment'" ( id. at 696, quoting 2 Jonathan Elliot, Debates on the Federal Constitution at 480 [2d ed. 1863 [statement in favor of the Constitution's adoption by James

2022Although actions taken by correctional facility employees that violate rules and regulations that provide due process safeguards can result in the loss of absolute immunity ( see Arteaga v State of New York , 72 NY2d at 221 ), such absence of an immunity defense does not equate to absolute liability to defendant ( see Moustakos v State of New York , 133 AD3d 1268, 1269 [2015]).

2012There is no immunity for ministerial acts (see Valdez, 18 NY3d at 75-78 ; McLean, 12 NY3d at 202-203 ; see also Arteaga, 72 NY2d at 216 ).

1974(Cf. Steinberg v. Cauchois, 249 App. Div. 518 ; Carmona v. Padilla, 4 A D 2d 181, affd. 4N Y 2d 767; compare Kuchlik v. Feuer, 239 App. Div. 338 , affd. 264 N. Y. 542 , with Napiearlski v. Pickering, 278 App. Div. 456 .) Our research discloses no appellate case in New York in which a parent, prior to recognition of the immunity doctrine in Sorrentino v. Sorrentino ( 248 N. Y. 626 , supra), has been held answerable to his child in damages for negligent supervision.

1974In view of the immunity doctrine which became firmly entrenched in New York law when the question first came up in a case involving active negligence (Sorrentino v. Sorrentino, 248 N. Y. 626 ), one would hardly expect the question to come up with respect to the lesser wrong of passive negligence.

2024Since defendant bus driver is sued in her capacity as an NJT employee, she may assert an immunity defense coextensive with that of NJT ( Karns v Shanahan , 879 F3d 504, 519 n 5 [3d Cir 2018], citing Kentucky v Graham , 473 US 159, 167 [1985]).

2024Since defendant bus driver is sued in her capacity as an NJT employee, she may assert an immunity defense coextensive with that of NJT ( Karns v Shanahan , 879 F3d 504, 519 n 5 [3d Cir 2018], citing Kentucky v Graham , 473 US 159, 167 [1985]).

2022Although actions taken by correctional facility employees that violate rules and regulations that provide due process safeguards can result in the loss of absolute immunity ( see Arteaga v State of New York , 72 NY2d at 221 ), such absence of an immunity defense does not equate to absolute liability to defendant ( see Moustakos v State of New York , 133 AD3d 1268, 1269 [2015]).

2019Stat. § 231- 92-a (1991) that immunized municipalities from “damages arising from insufficiencies on public highways, bridges, or sidewalks” to exclude a public parking lot; “because the law specified three types of public property but omitted all others, the immunity did not bar the lawsuit” (Bryan Gardner and Antonin Scalia, Reading Law, 110-111 [2012]; cf. Yates v United States, 135 S Ct 1074, 1093 [2015] [treating Reading Law as persuasive authority]). -8- 81, 85 [2017]).

2019However, what little extrinsic legislative evidence exists provides no support whatever for a “functional equivalence” test or any expansion of the meaning of the word “sidewalk.” As near as can be determined, Village Law § 6-628’s listing of “street, highway, bridge, culvert, sidewalk or crosswalk” descends directly3 from various “local laws” passed by the Legislature in the late nineteenth century to limit the liability of villages in the wake of our landmark decision in Saulsbury v Village of Ithaca ( 94 NY 27, 27 [1883]).

2012For highway design defect claims, a municipality may obtain qualified immunity upon a showing that its decision was a product of the deliberate exercise of discretion (see Madden, 64 AD3d at 1120 , citing Norton v Village of Endicott, 280 AD2d 853, 854-855 [2001]). 6 Thus, Valdez and McLean confirm only that a special relationship is one means of establishing the existence of a duty of care, but that the existence of a special relationship does not constitute an exception to the absolute immunity afforded to discretionary quasi-judicial acts.

2012McLean did not announce a new rule — it merely distilled the analysis applied in prior cases such as Lauer ( 95 NY2d 95 ; see also Garrett v Holiday Inns, 58 NY2d 253 [1983]).” (Valdez, 18 NY3d at 76-77 [emphasis supplied].) The Court further noted that the immunity defense is often waived when it is not timely asserted by municipal defendants (id. at 78).

2012McLean did not announce a new rule — it merely distilled the analysis applied in prior cases such as Lauer ( 95 NY2d 95 ; see also Garrett v Holiday Inns, 58 NY2d 253 [1983]).” (Valdez, 18 NY3d at 76-77 [emphasis supplied].) The Court further noted that the immunity defense is often waived when it is not timely asserted by municipal defendants (id. at 78).

2012There is no immunity for ministerial acts (see Valdez, 18 NY3d at 75-78 ; McLean, 12 NY3d at 202-203 ; see also Arteaga, 72 NY2d at 216 ).

2009Likewise, the County failed to establish its prima facie entitlement to judgment as a matter of law based on an immunity defense relating to its supervision of the foster care placement (see Sean M. v City of New York, 20 AD3d 146,160 [2005]; Merice v County of Westchester, 305 AD2d 383, 384 [2003]; Barnes v County of Nassau, 108 AD2d 50, 54 [1985]).

2009Likewise, the County failed to establish its prima facie entitlement to judgment as a matter of law based on an immunity defense relating to its supervision of the foster care placement (see Sean M. v City of New York, 20 AD3d 146,160 [2005]; Merice v County of Westchester, 305 AD2d 383, 384 [2003]; Barnes v County of Nassau, 108 AD2d 50, 54 [1985]).

2009Likewise, the County failed to establish its prima facie entitlement to judgment as a matter of law based on an immunity defense relating to its supervision of the foster care placement (see Sean M. v City of New York, 20 AD3d 146,160 [2005]; Merice v County of Westchester, 305 AD2d 383, 384 [2003]; Barnes v County of Nassau, 108 AD2d 50, 54 [1985]).

2007“Parties are coemployees in ‘all matters arising from and connected with their employment’ ” ( 97 NY2d at 150 , quoting Heritage v Van Patten, 59 NY2d 1017, 1019 [1983]).