6 New York opinions name it 2 courts 2001–2014 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 sentences2014This doctrine applies “when official action involves the exercise of discretion or expert judgment in policy matters, and is not exclusively ministerial” (Haddock v City of New York, 75 NY2d 478, 484 [1990]). 2014This doctrine applies “when official action involves the exercise of discretion or expert judgment in policy matters, and is not exclusively ministerial” (Haddock v City of New York, 75 NY2d 478, 484 [1990]). | 2 | 2 |
Sebastian v. State of NYgreen1 sentence2010If the conduct was proprietary, the City would be subject “to the same duty of care as private individuals and institutions engaging in the same activities]” (Schrempf v State of New York, 66 NY2d 289, 294 [1985]), and may be held liable for breach of that duty (see Sebastian v State of New York, 93 NY2d 790, 793 [1999]). | 1 | 1 |
Schrempf v. Stategreen1 sentence2010If the conduct was proprietary, the City would be subject “to the same duty of care as private individuals and institutions engaging in the same activities]” (Schrempf v State of New York, 66 NY2d 289, 294 [1985]), and may be held liable for breach of that duty (see Sebastian v State of New York, 93 NY2d 790, 793 [1999]). | 1 | 1 |
Hoheb v. Pathology Associates of Albanygreen1 sentence2009We agree with the Court of Claims that the information claimant sought was not material to its determination of the issue of governmental immunity and no amount of discovery could salvage the claim (see Herzog v Town of Thompson, 216 AD2d 801, 802-803 [1995]; Hoheb v Pathology Assoc. of Albany, 146 AD2d 919, 921 [1989]). | 1 | 1 |
Herzog v. Town of Thompsongreen1 sentence2009We agree with the Court of Claims that the information claimant sought was not material to its determination of the issue of governmental immunity and no amount of discovery could salvage the claim (see Herzog v Town of Thompson, 216 AD2d 801, 802-803 [1995]; Hoheb v Pathology Assoc. of Albany, 146 AD2d 919, 921 [1989]). | 1 | 1 |
Pironti v. Learygreen1 sentence2008Thus, to hold the State liable for negligence, a claimant must establish the elements of a negligence claim, which are the existence of a duty, a breach of that duty, and that such breach was a proximate cause of the events which produced the injury (see Pulka v Edelman, 40 NY2d 781, 782 [1976]; Pironti v Leary, 42 AD3d 487, 489 [2007]; Coral v State of New York, 29 AD3d 851 [2006]; Vetrone v Ha Di Corp., 22 AD3d 835 [2005]). | 1 | 1 |
Pulka v. Edelmangreen1 sentence2008Thus, to hold the State liable for negligence, a claimant must establish the elements of a negligence claim, which are the existence of a duty, a breach of that duty, and that such breach was a proximate cause of the events which produced the injury (see Pulka v Edelman, 40 NY2d 781, 782 [1976]; Pironti v Leary, 42 AD3d 487, 489 [2007]; Coral v State of New York, 29 AD3d 851 [2006]; Vetrone v Ha Di Corp., 22 AD3d 835 [2005]). | 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 |
|---|---|---|
Lauer v. City of New York
green
1 sentence2008“Rather, a ministerial wrong ‘merely removes the issue of governmental immunity from a given case’ ” (Lauer v City of New York, 95 NY2d at 99 , quoting Lauer v City of New York, 258 AD2d 92, 111 [1999]). | 1 | 2008–2008 |
Vetrone v. Ha Di Corp.
green
1 sentence2008Thus, to hold the State liable for negligence, a claimant must establish the elements of a negligence claim, which are the existence of a duty, a breach of that duty, and that such breach was a proximate cause of the events which produced the injury (see Pulka v Edelman, 40 NY2d 781, 782 [1976]; Pironti v Leary, 42 AD3d 487, 489 [2007]; Coral v State of New York, 29 AD3d 851 [2006]; Vetrone v Ha Di Corp., 22 AD3d 835 [2005]). | 1 | 2008–2008 |
D'Agnese v. Spinelli
green
1 sentence2008Thus, to hold the State liable for negligence, a claimant must establish the elements of a negligence claim, which are the existence of a duty, a breach of that duty, and that such breach was a proximate cause of the events which produced the injury (see Pulka v Edelman, 40 NY2d 781, 782 [1976]; Pironti v Leary, 42 AD3d 487, 489 [2007]; Coral v State of New York, 29 AD3d 851 [2006]; Vetrone v Ha Di Corp., 22 AD3d 835 [2005]). | 1 | 2008–2008 |
Tango v. Tulevech
green
2 sentences2001First, the Lauer Court observed that a ministerial breach by a governmental employee, as we have here, merely removes the issue of governmental immunity, but is not necessarily tortious (see, Tango v Tulevech, supra, 61 NY2d, at 40 ). 2001It is clear that the duty breached must be more than that owed the public generally, or a breach of the duty to use due care for the benefit of particular persons or classes of persons (Lauer, id., at 100-101 ). | 1 | 2001–2001 |
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.