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· 10/4/2023

State Farm Fire & Cas. Co. v. Capital Sewer, Inc.

Citations

  • 220 A.D.3d 701
  • 198 N.Y.S.3d 109
  • 2023 NY Slip Op 04995

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the denial of a claim of qualified immunity is an appealable final decision
  • observing that the “question of immunity is separate from the merits of the underlying action for purposes of [an interlocutory appeal under the collateral order doctrine] even though a reviewing court must consider the plaintiffs factual allegations in resolving the immunity issue”
  • \the essence of absolute immunity is its possessor's entitlement not to 10 have to answer for his conduct in a civil damages action.\
  • in Harlow, “this Court purged qualified immunity doctrine of its subjective components”
  • absolute immunity “is an immunity from suit rather than a mere defense to liability”
  • “[Qualified immunity] is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.