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7 New York opinions name it 3 courts 1993–2024 1 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 |
|---|---|---|
Stukas v. Streitergreen1 sentence2024Turning to the remaining Defendants' motions, "[i]n determining a motion for summary judgment, the court must view the evidence in the light most favorable to the nonmoving party" ( Stukas v Streiter, 83 AD3d 18, 22 [2d Dept 2011]). | 1 | 1 |
Schrempf v. Stategreen1 sentence2008When a municipality acts in a proprietary as opposed to a governmental capacity, it is generally subject “to the same duty of care as private individuals and institutions engaging in the same activity” (Schrempf v State of New York, 66 NY2d 289, 294 [1985]; see Johnson City Cent. | 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 sentences2016The common-law doctrine of governmental immunity “shield [s] public entities from liability for discretionary actions taken during the performance of governmental functions” (Valdez v City of New York, 18 NY3d at 76 ). 2016The common-law doctrine of governmental immunity “shield [s] public entities from liability for discretionary actions taken during the performance of governmental functions” (Valdez v City of New York, 18 NY3d at 76 ). | 2 | 2016–2016 |
Town of North Hempstead v. Bonner
green
1 sentence2020Homeowners Assn. , 86 AD2d 118, 125 ; Town of N. Hempstead v Bonner , 77 AD2d 567, 568 ; Long Is. | 1 | 2020–2020 |
City of Tonawanda v. Ellicott Creek Homeowners Ass'n
green
1 sentence2020Homeowners Assn. , 86 AD2d 118, 125 ; Town of N. Hempstead v Bonner , 77 AD2d 567, 568 ; Long Is. | 1 | 2020–2020 |
Casini v. Sea Gate Ass'n
green
1 sentence2020In the absence of any evidence that the Town dedicated the property to a public use or used the property for a public purpose, the deed restriction does not show that the property was not subject to adverse possession on the basis of governmental immunity following the December 2001 conveyance ( see Casini v Sea Gate Assn. , 262 AD2d at 595 ; City of Tonawanda v Ellicott Cr. | 1 | 2020–2020 |
Feeney v. County of Delaware
green
1 sentence2017For the reasons stated in Feeney v County of Delaware (supra) with regard to Begeal, we agree with defendant that it was entitled to summary judgment dismissing the entirety of the claim on the basis of governmental immunity. | 1 | 2017–2017 |
Kenavan v. City of New York
green
2 sentences1993However, this leap in logic is belied by the express language in Kenavan , which states that unless the injury-producing conduct involved an act of professional judgment, a municipality may otherwise be held liable for "injuries suffered by a firefighter caused by the negligence of a fellow firefighter" ( 70 NY2d, at 569 ). 1993However, this leap in logic is belied by the express language in Kenavan , which states that unless the injury-producing conduct involved an act of professional judgment, a municipality may otherwise be held liable for "injuries suffered by a firefighter caused by the negligence of a fellow firefighter” ( 70 NY2d, at 569 ). | 1 | 1993–1993 |
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.