Legal Opinion
Lodichand v. Kogut
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2012PublishedCited by 4 opinions
1Opinion of the Court
Contrary to the plaintiffs’ contentions, the Supreme Court properly granted that branch of the motion of the defendant Dorothy A. Phillips, individually and as court attorney referee, which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against her. Since the factual allegations of the complaint against Phillips merely asserted conduct by her in her official capacity as a court attorney referee, which is immune from suit under the doctrine of judicial immunity (see Mosher-Simons v County of Allegany, 99 NY2d 214, 219 [2002]; Tarter v State of New York, 68 NY2d…
2Cases cited10 opinions
- Tarter v. State of New YorkNew York Court of Appeals · 1986
- Mosher-Simons v. County of AlleganyNew York Court of Appeals · 2002
- Sassower v. FinnertyAppellate Division of the Supreme Court of the State of New York · 1983
- Alvarez v. SnyderAppellate Division of the Supreme Court of the State of New York · 2000
- Lombardoni v. BoccaccioAppellate Division of the Supreme Court of the State of New York · 1986
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pollack v. CoopermanAppellate Division of the Supreme Court of the State of New York · 2013
- Pinkesz Mutual Holdings, LLC v. PinkeszAppellate Division of the Supreme Court of the State of New York · 2016
- D & G Constr. Dean Gonzalez, LLC v. Scohn Enters., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- Pollack v. CoopermanAppellate Division of the Supreme Court of the State of New York · 2013