Case law

Walsh v. City of Long Beach

379 F. Supp. 954 · District Court, E.D. New York · Jun 11, 1974

However, state action can be established if the defendants who are not connected with the state are “willful participantes] in joint activity with the State or its agents.” United States v. … Assuming that the plaintiffs were able to satisfy the requisite state action, this circuit has clearly held that 28 U.S. C. § 1983 cannot be used to redress what are essentially infringements of property rights.

London v. Nassau County District Attorney's Office

District Court, E.D. New York · Dec 28, 2020

immunity. … It is well-established that prosecutors are entitled to absolute immunity from liability in suits seeking monetary damages for acts related to prosecutorial duties. See Burns v.

London v. Nassau County District Attorney's Office

District Court, E.D. New York · Dec 28, 2020

immunity. … It is well-established that prosecutors are entitled to absolute immunity from liability in suits seeking monetary damages for acts related to prosecutorial duties. See Burns v.

Well Luck Co., Inc. v. FC GERLACH & CO. INC.

421 F. Supp. 2d 533 · District Court, E.D. New York · Aug 23, 2005

“Unless otherwise agreed, a course of dealing between the parties gives meaning to or supplements or qualifies their agreement.” Restatement (Second) of Contracts § 223(2). … Paragraph 5’s language clearly and unambiguously refers to customs-related mishaps such as the one at the root of this case.

Ayers v. Suffolk County District Attorney Office

District Court, E.D. New York · Sep 28, 2022

The same problem forecloses the officers’ claims of qualified immunity. See, e.g., Williams v. City of Mount Vernon, 428 F. … Supp. 2d 146, 157 (S.D.N.Y. 2006) (rejecting, on a motion to dismiss, an argument that officers were entitled to qualified immunity because, “assuming the facts alleged in the Complaint, the police were not engaged in

United States v. Walker

314 F. Supp. 3d 400 · District Court, E.D. New York · May 17, 2018

[qualifies as] a 'crime of violence' ... if the offense of conviction established that the underlying offense was a 'crime of violence.' " U.S.S.G. § 4B1.2 cmt. n. 1; see generally United States v. Robinson , 447 Fed. … Moreover, such possession is clearly not one of those specifically-enumerated crimes listed in U.S.S.G. § 4B1.2(a)(2)."). V. 18 U.S.C. § 3553 (a) Considerations and Guidelines Calculation A.

United States v. Kinebrew

507 F. Supp. 17 · District Court, E.D. New York · Oct 7, 1980

At the outset, it bears noting that defendants have not established their standing to invoke the exclusionary rule. … At least one of the eyewitnesses unquestionably qualifies as the citizen-informant referred to in United States v. Burke, 517 F.2d 377, 380 (2d Cir. 1975).

In re Russo

19 F.R.D. 278 · District Court, E.D. New York · Jun 27, 1956

That, case is clearly distinguishable from the-instant case. … There is no proof, or even indication, that Mack is a prospective witness; nor has it been established “that it is necessary to take his deposition in order to prevent a failure of justice.”.

Certified Multi-media Solutions, Ltd. v. Preferred Contractors Insurance Co. Risk Retention Group, LLC

150 F. Supp. 3d 228 · District Court, E.D. New York · Dec 12, 2015

Based on the fact that the Plaintiff filed a cross-motion for summary judgment, the Defendant clearly had the opportunity to provide ■ facts outside the pleadings. … Such a reading ignores the distinction established by the Policy between “an insured” and the-“Named Insured.”

Reiner v. Paneth

District Court, E.D. New York · Sep 30, 2025

Arbitral immunity, similar to the judicial immunity from which it derives, protects functions rather than people, meaning arbitrators are immune only for acts performed in their arbitral capacity. Id. at 885–86. … In addition to being insufficient to establish Hobbs Act robbery, as determined above, these allegations also cannot establish Hobbs Act extortion.

Montellier v. United States

202 F. Supp. 384 · District Court, E.D. New York · Feb 5, 1962

Clearly the reasoning of this entire line of cases is applicable to the case at hand. … Immunizations in accordance with AFR 160-102 will be accomplished at earliest practicable date prior to departure. Immunizations may be obtained at the nearest Armed Service Hospital or Dispensary.

Szuszkiewicz v. JPMorgan Chase Bank

12 F. Supp. 3d 330 · District Court, E.D. New York · Mar 31, 2014

Corp., 755 F.2d 20 , 25 (2d Cir.1985) (“[A] continuing violation [must be] clearly asserted both in the EEOC filing and in the complaint”). … He need not establish that case nor rebut defendant’s proffered nondiscriminatory reason for his termination.

Peacock v. Suffolk Bus Corp.

100 F. Supp. 3d 225 · District Court, E.D. New York · Apr 23, 2015

It is well-established that a claim for breach of a union’s duty of fair representation has a six-month limitations period. See Velasquez v. … Accordingly, any claim that the Union breached its duty of fair representation to Plaintiff is clearly time-barred. VI.

Port Jefferson Station Auto Collision Corp. v. Bimco Industries, Inc. (In Re Bimco Industries, Inc.)

124 B.R. 623 · District Court, E.D. New York · Mar 14, 1991

Clearly, the bankruptcy court order merely enjoined PJS from contesting the validity of the lease in state court, and inasmuch as an ultimate determination was never made as to the validity of the lease, the merits were never … In Chateaugay, the Second Circuit held that an interlocutory appeal did not qualify for treatment under the collateral order doctrine because, inter alia, the order did not conclusively determine any substantive issue, but

Brooks v. Suffolk County First Precinct

District Court, E.D. New York · Nov 4, 2021

Plaintiff’s In Forma Pauperis Application is Granted The Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing … The Amended Complaint shall be clearly labeled “Amended Complaint” and shall bear case number 21- CV-4546(JS)(ARL).

Saunders Jr v. MaFarlene, Esq

District Court, E.D. New York · Mar 28, 2025

May 18, 2010) (summary order) (noting that state courts, as arms of the State, are immunized from suit); see also N.Y. CONST. art. 6, § 1 (establishing the unified court system). … It is well established that court-appointed attorneys do not act under color of state law when they perform traditional functions of counsel. Polk Cty. v.

Braithwaite v. Suffolk County New York

District Court, E.D. New York · Mar 3, 2023

It is well-established that judges “generally have absolute immunity” from suit for judicial acts performed in their judicial capacities. Bliven v. … Section 1983 Claims Against DA Sini, DA Tierney, ADA Kubetz, ADA Powers, and ADA Wagner It is well-established that prosecutors are absolutely immune from civil suits

McKenzie v. Herbert

969 F. Supp. 1 · District Court, E.D. New York · Jul 9, 1997

There are several other reasons for the delay which are not attributable to either the government or the petitioner, but rather qualify as exceptional circumstances. … While this court is mindful of the fact that it is difficult for a petitioner to establish prejudice due to delay, *4 Barker, 407 U.S. at 532 , 92 S.Ct. at 2193 , the fact that a substantial portion of the delay was directly

Claudio v. United States

907 F. Supp. 581 · District Court, E.D. New York · Nov 16, 1995

Finally, he states that “[b]ecause it was clearly understood that both companies acted as one to perform any work, no formal joint venture agreement per se was ever entered into by myself as President of Ken’s marine and … The New York cases make clear that employers’ immunity under the New York Workers’ Compensation Law is not limited to joint venturers but also applies to other types of employer relationships.

Karropoulos v. Soup Du Jour, Ltd.

128 F. Supp. 3d 518 · District Court, E.D. New York · Aug 31, 2015

Here, there are no documents, such as a job description, which clearly defined the Plaintiff’s job duties or his role at Bistro 44. … That is because the DOL regulations clearly state “an occasional suggestion with regard to the change in status of a co-worker” is not sufficient to show that an employee’s recommendations on hiring or firing were given a