Case law

In Re Avien, Inc.

390 F. Supp. 1335 · District Court, E.D. New York · Mar 10, 1975

If for some reason a taxpayer chose not to apply a reported loss from a qualifying year as a deduction on his federal return there is no reason why he would not be permitted to apply a different loss from another qualifying … Thus, the City here established its prima facie case when it filed its sworn proof of claim.

United States v. Basciano

430 F. Supp. 2d 87 · District Court, E.D. New York · Apr 16, 2006

Clearly, if the Government were to call Nunez to the stand, and he refused to testify, e.g. because of fear of retribution, that would satisfy the Government’s burden to show that Nunez is unavailable. … Basciano’s assertion that Fi-lippone was granted immunity is not supported by any evidence. (See Basciano Filippone Ltr. at 3).

Thomas v. City of New York

953 F. Supp. 2d 444 · District Court, E.D. New York · Jul 12, 2013

To establish a prima facie case, “a plaintiff must demonstrate (1) that [she] belonged to a protected class; (2) that [she] was qualified for the position [she] held; (3) that she suffered an adverse employment action; and … more qualified than plaintiff.

Daddino v. Valley Stream Central High School District

District Court, E.D. New York · Mar 31, 2022

immunity. … supervisory liability or even argue that qualified immunity precluded application of Colon’s special tests for supervisory liability.

Sacaza v. City of New York

District Court, E.D. New York · Sep 26, 2024

Qualified Immunity Friedman contends he is entitled to qualified immunity because there is no clearly established law holding that probable cause does not exist to arrest in … qualified immunity inappropriate due to factual disputes regarding whether a reasonable officer could have believed there was probable cause to arrest).

Scientific Components Corp. v. ISIS Surface Mounting, Inc.

539 F. Supp. 2d 653 · District Court, E.D. New York · Mar 21, 2008

However, as described below, Plaintiff does not qualify as a lost-volume seller. … ISIS argues that Mini-Circuits does not qualify as a lost-volume seller and is limited to subsection (1). The court holds that Mini-Circuits does not qualify as a lost-volume seller.

Johnson v. County of Nassau

480 F. Supp. 2d 581 · District Court, E.D. New York · Mar 15, 2007

Defendants concede that Plaintiff has established the first two elements of his pri-ma facie case, viz. that he was a member of a protected class and that he was qualified. … At the very least, such *609 testimony is clearly relevant to Plaintiffs claims. See Locurto v.

Kelly v. New York State Office of Mental Health

200 F. Supp. 3d 378 · District Court, E.D. New York · Aug 9, 2016

On March 5, 2015, the court dismissed plaintiffs initial complaint on the basis of Eleventh Amendment immunity. (ECF No. 38.) … Regulations interpreting the Rehabilitation Act establish that “[a]ny mental or psychological disorder, such as ... emotional or mental illness” qualifies as a physical or mental impairment, 45 C.F.R. § 84.3 (j)(2)(i)(B);

Bonaffini v. Brooklyn College

District Court, E.D. New York · Jul 9, 2021

Sovereign Immunity Defendants first argue that sovereign immunity blocks all claims against Lopes. … First, federal courts have long understood the NYSHRL to allow individual liability if the individual qualifies as an “employer.” See, e.g., Townsend v.

XYZ Two Way Radio Service, Inc. v. Uber Technologies, Inc.

214 F. Supp. 3d 179 · District Court, E.D. New York · Oct 6, 2016

If a statement does not qualify as false advertising under the Lanham Act, it is not actionable under the General Business Law, either. See ONY, Inc. v. … But they do so in terms that clearly fall within one or more of the accepted definitions of puffery. The overall tone is boast-' ful and self-congratulatory.

Hilton

District Court, E.D. New York · Dec 15, 2025

Hilton Has Not Duly Filed His Claim For Refund It is well-established that “[t]he United States, as sovereign, is immune from suit,” unless Congress expressly waives that immunity. … This waiver is qualified by 26 U.S.C. § 7422(a), which provides that a taxpayer cannot recover any tax allegedly erroneously collected until a claim for a refund has been “duly filed” according to the relevant tax laws

Stanton v. United States

186 F. Supp. 393 · District Court, E.D. New York · Aug 31, 1960

The opinion of that court does not so state explicitly but obviously the finding made by this court was held to be clearly erroneous, as appears in the dissenting opinion. … The basic reason for the action of Trinity Operating Company cannot be discerned until the true nature of the corporation itself is clearly understood.

Smith v. City of New York

290 F. Supp. 2d 317 · District Court, E.D. New York · Sep 23, 2003

more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified … In order to establish the liability of such defendants in an action under § 1983 for unconstitutional acts by such employees, a plaintiff must show that the violation of her constitutional rights resulted from a municipal

NEW YORK STATE ASS'N, ETC. v. Carey

466 F. Supp. 487 · District Court, E.D. New York · Feb 28, 1979

We, therefore, made the decision to establish classes of combined handicaps but separated according to ages. Dr. … Sections 84.3(K) and 84.33(a) establish the obligation of the Board to provide to each qualified handicapped person a "free appropriate public education," which § 84.33(b) defines as the provision of regular or special education

United States v. Levasseur

618 F. Supp. 1390 · District Court, E.D. New York · Oct 4, 1985

Agent Wrenn then testified that he thought that what he saw should be examined by someone qualified to handle it and notified Detective Rocco Polutro of the Cleveland Bomb Squad. … That testimony also established that the cannister was subsequently moved and examined by members of the Cleveland Police Bomb Squad.

Flowers v. Webb

575 F. Supp. 1450 · District Court, E.D. New York · Dec 6, 1983

New York University, supra, the court held that in order to establish a violation of section 504, a plaintiff must prove: (1) that she is a “handicapped person” under the Act, (2) that she is “otherwise qualified” for the … Thus, the second criterion of the Doe test — that plaintiff establish she is “otherwise qualified” in spite of her handicap for state care and treatment, cannot be met in this instance.

Edelstein v. U.S. Post Office

District Court, E.D. New York · May 15, 2024

In Forma Pauperis Upon review of Edelstein’s IFP application (IFP Mot.), the Court finds that Edelstein is qualified by his financial status to commence this action without … Here, insofar as Edelstein challenges the alleged failure of the USPS to deliver the money order to the FTCU, such claims are clearly barred by sovereign immunity. See 28 U.S.C. § 2680(b); Przespo, 177 F.

Pabon v. New York City Transit Authority

703 F. Supp. 2d 188 · District Court, E.D. New York · May 11, 2010

Pabon is not a qualified individual within the meaning of the ADA Pabon’s prima facie ADA claim fails most clearly in that he cannot demonstrate his qualifications for the Train Service Supervisor position. … Pabon fails to establish a reasonable accommodation claim Even assuming that Pabon qualified for ADA protections, his reasonable accommodation claim must fail.

Apicella v. Rite Aid Hdqtrs. Corp.

934 F. Supp. 2d 497 · District Court, E.D. New York · Mar 27, 2013

who replaced her was equally or more qualified. … To meet this burden, Defendant must “clearly set forth” the reasons for Plaintiffs demotion. Texas Dep’t of Cmty. Affairs v.

Louise Loria Hanel, as Executor of the Estate of Robert A. Loria, and Yvonne Maria Parson, as Executor of the Estate of James L. Hutcherson, Sr., for themselves and on behalf of all others similarly situated v. New York State Veterans Home at St. Albans a/k/a NYS Veterans Home in NYC, Neville A. Goldson

District Court, E.D. New York · Apr 7, 2026

Health L. § 403(1)(d) (establishing the State Home within the NYSDOH). Plaintiffs concede as much in their complaint. Compl. ¶ 2 (“The New York State Veterans Homes are publicly owned and operated[.]”). … In that litigation, Judge Morrison advised plaintiffs’ counsel that he had “an ethical obligation to dismiss” such claims because the Eleventh Amendment clearly immunized the defendants. Id. Conf. Tr.