Case law

J. Baranello & Sons v. Hausmann Industries, Inc.

571 F. Supp. 333 · District Court, E.D. New York · Sep 9, 1983

They exchanged letters setting forth the price and schedule of delivery and establishing the FDC architect’s approval of defendant’s shop drawings as a condition of their contract. … Moreover, even if the term survived, it does not preclude plaintiff’s recovery: Testimony adduced at trial established that the architect’s April 4th approval, although qualified, was sufficient to satisfy the condition.

U.S. Underwriters Ins. Co. v. Image By J&K, LLC

335 F. Supp. 3d 321 · District Court, E.D. New York · Aug 14, 2018

The Policy The parties dispute whether Image qualifies as an additional insured under the Policy. … The parties agree that Image must qualify as an additional insured in order to be covered by the Policy. i.

Butler v. Suffolk County

District Court, E.D. New York · Feb 6, 2025

Bick’s report involves his independent expert opinion and is clearly permissible.” (Id.) … Moreover, Plaintiffs would have the Court reject the County’s immunity argument since Second Circuit precedent is clear: “[T]here is no immunity defense, either qualified or absolute

Doall v. New York State Unified Court System

District Court, E.D. New York · Jul 2, 2024

“It is well-established that, as an agency or arm of the State of New York, the New York Unified Court System, [and] the Office of Court Administration, . . . are immune from suit under the Eleventh … The Discrimination Claim To establish a prima facie discrimination claim under the Rehabilitation Act, a plaintiff must show (1) the plaintiff is a “qualified

Hardy-Graham v. Southampton Police Department

District Court, E.D. New York · May 15, 2020

Upon review of the Long Form in forma pauperis application, the Court finds that Plaintiff is qualified, by his financial status, to proceed without prepayment of the filing fee. … Under the now well-established Iqbal/Twombly standard, a complaint satisfies Rule 8 only if it contains enough allegations of fact to state a claim for relief that is “plausible on its face.”

Filartiga v. Pena-Irala

577 F. Supp. 860 · District Court, E.D. New York · Jan 10, 1984

Accordingly, there is no basis for adopting a narrow interpretation of Section 1350 inviting frustration of the purposes of international law by individual states that enact immunities for government personnel or other such … The international law prohibiting torture established the standard and referred to the national states the task of enforcing it.

Griffith v. United States Government

District Court, E.D. New York · Jun 13, 2025

An action is “frivolous” when either: (1) “the ‘factual contentions are clearly baseless,’ such as when allegations are the product of delusion or fantasy”; or (2) “the claim is ‘based on an indisputably meritless legal … The federal government and its agencies are immune from suit except where sovereign immunity has been waived. United States v. Mitchell, 445 U.S. 535, 538 (1980) (quoting United States v.

Todd Shipyards Corp. v. Moran Towing & Transportation Co.

140 F. Supp. 107 · District Court, E.D. New York · Apr 26, 1956

The libelant’s right to bring this action is, therefore, clearly established. I disagree, also with respondent’s second contention. … ‘That a principal is liable for a wrong does not necessarily immunize his agent. * * * The books are full of instances where dual liabilities are not alternatives or mutually exclusive; a plaintiff may be lucky enough to

Ahmed v. Town of Oyster Bay

7 F. Supp. 3d 245 · District Court, E.D. New York · Mar 18, 2014

To state a claim under § 1983, a plaintiff must allege: (1) the deprivation of any rights, privileges, or immunities secured by the Constitution' and laws, (2) by a person acting under the color of state law. 42 U.S.C. § … “In order for an interest in a particular land-use benefit to qualify as a property interest for the purposes of the ... due process clause[,] a landowner must show a ‘clear entitlement’ to that benefit.” O’Mara v.

Williams v. Port Authority of New York and New Jersey

880 F. Supp. 980 · District Court, E.D. New York · Mar 31, 1995

In the instant case, the plaintiff fails to establish a prima facie case insofar as the Court’s factual findings do not support plaintiffs contention that he was qualified for the position of Terminal Services Agent. … For purposes of the burden-shifting analysis, the defendant’s legitimate nondiscriminatory reason for not promoting the plaintiff is that he failed the qualifying examination to establish his eligibility for promotion. 12

Patrick v. Success Acad. Charter Sch., Inc.

354 F. Supp. 3d 185 · District Court, E.D. New York · Dec 14, 2018

was injured by AG was not called as a witness at the hearing. 16 "[T]he doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … As this Court explained decades ago, the clearly established law must be particularized to the facts of the case.") (per curiam) (citations and internal quotation marks omitted).

Jones v. State Of New York

District Court, E.D. New York · Mar 31, 2023

Plaintiff’s Amended Complaint clearly “relies heavily upon its terms and effect.” 5 Citations to “ECF” refer to the pagination generated by the Court’s CM/ECF docketing system and not the document’s internal pagination … immunity).

City of New York v. Heckler

578 F. Supp. 1109 · District Court, E.D. New York · Jan 11, 1984

In 1960, the SSD program was amended to permit disabled workers under age fifty to qualify for federal benefits. … Harris, 504 F.Supp. 101, 107-08 (E.D.N.Y.1980) (sovereign immunity does not bar award of retroactive benefits; Social Security Act operates as a waiver of sovereign immunity).

Cora v. Lebron

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

,” i.e., “the claim lacks an arguable basis in law” or “a dispositive defense clearly exists on the face of the complaint.” … The absolute judicial immunity of the court and its members “is not overcome by allegations of bad faith or malice,” nor can a judge “be deprived of immunity because the act [she] took was in error . . . or was in excess

Johnson v. Mount Sinai Hospital Group, Inc.

District Court, E.D. New York · Feb 22, 2023

The plaintiff seems to claim both that she is actually disabled (see, e.g., ECF No. 17 at 10 (“Plaintiff was qualified for the protection of the ADA because she notified her employer that she is a qualified individual with … The defendant argues that the plaintiff has not established a record of disability, or that Mount Sinai regarded the plaintiff as having a disability. (ECF No. 16.) a.

Brown v. Suffolk County Police Dept.

District Court, E.D. New York · Feb 7, 2024

Second, the conduct complained of “must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.” … Plaintiff shall: (1) clearly label her submission “Amended Complaint”; (2) include the same docket number as this Order, 23-CV-6636(JMA)(AYS); and (3) file it within thirty (30) days from the date of this Order.

In Re Union Bank of the Middle East, Ltd.

127 B.R. 514 · District Court, E.D. New York · May 22, 1991

However, this finding by the Bankruptcy Court is clearly erroneous and cannot stand. … He had over sixteen years experience in commodity importing, (A. 834), and, at one point, the Bankruptcy Court found him qualified to testify as an expert on some aspects of international business and trade.

Packer v. Raging Capital Management, LLC

District Court, E.D. New York · Aug 20, 2019

However, a fuller reading of the decision by Judge Marrero does not support the share- immunization argument formulated by defendants. … Despite defendants’ suggestions to the contrary, Master Fund clearly is a beneficial owner of the shares for the purposes of this analysis.

Manning v. The Commissioner of Social Security

District Court, E.D. New York · May 16, 2025

immunity. … Notably, the Commissioner does not raise qualified immunity in its motion for judgment on the pleadings and Manning does not make any other persuasive arguments in the submission. (See Def.’s Mot. J.

Jackson v. The Members of the New York State Legislature

District Court, E.D. New York · Feb 21, 2022

Legislative Immunity Bars Mr. … Since this statute “relies solely upon the court’s finding of qualifying prior convictions to impose a sentence above what would otherwise be the statutory maximum,” it “falls squarely within [the] exception