Legal Opinion
Davey v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2006PublishedCited by 6 opinions
1Opinion of the Court
In a claim, inter alia, to recover damages for negligence, the claimant appeals from an order of the Court of Claims (Mignano, J.), dated July 14, 2005, which granted the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the claim.
Ordered that the order is affirmed, with costs.
The Court of Claims properly granted the defendant’s motion to dismiss the claim. Under the facts alleged by the claimant, the actions complained of were judicial acts and therefore were protected by the doctrine of judicial immunity (see Matter of Covillion v Town of New Windsor, 123 AD2d 763, 763-764 [1986];…
2Cases cited3 opinions
- Sassower v. FinnertyAppellate Division of the Supreme Court of the State of New York · 1983
- Covillion v. Town of New WindsorAppellate Division of the Supreme Court of the State of New York · 1986
- Montesano v. StateAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by6 opinions
- Davey v. DolanDistrict Court, S.D. New York · 2006
- Davey v. DolanDistrict Court, S.D. New York · 2007
- Best v. StateAppellate Division of the Supreme Court of the State of New York · 2014
- Lodichand v. KogutAppellate Division of the Supreme Court of the State of New York · 2012
- Best v. StateAppellate Division of the Supreme Court of the State of New York · 2014
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