Topic: it is the specific act or omission out of which the injury … · Go Syfert
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Topic #14771

7 canonical passages across 3 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Weiner v. Metropolitan Transportation Authority.

#Case FlagCanonical passage Citers
1 Weiner v. Metropolitan Transportation Authority Anchor
ny · 1982
green “it is the specific act or omission out of which the injury is claimed to have arisen and the capacity in which that act or failure to act occurred which governs liability, not whether the agency involved is engaged generally in proprietary activity or is in control of the locati…” 6
2 Balsam v. Delma Engineering Corp.
ny · 1997
green “is a classic example of a governmental function undertaken for the protection and safety of the public pursuant to the general police powers” 5
3 Balsam v. Delma Engineering Corp.
ny · 1997
green “undertaken for the protection and safety of the public pursuant to the general police powers” 5
4 Miller v. State of New York
ny · 1984
green “governmental entity's conduct may fall along a continuum of responsibility to individuals and society deriving from its governmental and proprietary functions” 3
5 Miller v. State of New York
ny · 1984
green “the specific act or omission out of which the injury is claimed to have arisen and the capacity in which that act or failure to act occurred” 3
6 Balsam v. Delma Engineering Corp.
ny · 1997
green “undertaken for the protection and safety of the public” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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