Kalisch-Jarcho, Inc., v. City of New York

In Kalisch-Jarcho, Inc., v. City of New York, 58 NY2d 377, the Court of Appeals defined the type of situations in which the bad faith, willful misconduct, or gross negligence exception would be applicable when, in contravention of acceptable notions of morality, the misconduct for which it would grant immunity smacks of intentional wrongdoing. This can be explicit, as when it is fraudulent, malicious or prompted by the sinister intention of one acting in bad faith. Or, when, as in gross negligence, it betokens a reckless indifference to the rights of others, it may be implicit.