Case law

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  • Kandov v. Taylor

    District Court, E.D. New York · Aug 12, 2021

    The Supreme Court, Queens County clearly had jurisdiction over the case. … Lien Law § 54 (“If the lienor shall fail, for any reason, to establish a valid lien in an action under the provisions of this article, he may recover judgment therein for such sums as are due him, or which he might recover

    Cited 0 timesUnknown
  • Maccaro v. U.S Government

    District Court, E.D. New York · Sep 24, 2025

    An action is frivolous when “the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy.” Livingston v. … He claims that he was drugged by various food establishments that are not named as defendants.

    Cited 0 timesUnknown
  • Joseph v. Queens Hospital Center

    District Court, E.D. New York · Jun 11, 2021

    Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”). … By contrast, it appears that Defendant Queens Hospital Center is not a private entity, but rather is operated by NYC Health + Hospitals, and thus may qualify as a state actor.

    Cited 0 timesUnknown
  • Hafen v. US Custom & Border Protection

    District Court, E.D. New York · Mar 22, 2024

    Absent a clear and valid waiver of sovereign immunity, the United States and its entities are immune from suit and federal courts lack jurisdiction to hear such claims. Id. … Supp. 2d at 303, and a “pro se litigant[] still must establish subject matter jurisdiction,” Harrison v. New York, 95 F. Supp. 3d 293, 311 (E.D.N.Y. 2015).

    Cited 0 timesUnknown
  • Diaz v. Residential Credit Solutions, Inc.

    297 F.R.D. 42 · District Court, E.D. New York · Jan 23, 2014

    Instead, the court need only find proof of a single violation of the FDCPA to establish civil liability against the debt collector. See Bentley v. … In order to satisfy Rule 23(a)(4), a “plaintiff[ ] first must demonstrate that class counsel is qualified, experienced, and gener *52 ally able to conduct the litigation.” Id.

    Cited 7 timesPublished
  • Culpepper v. Toulon Jr.

    District Court, E.D. New York · Oct 4, 2023

    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 … frivolous as a matter of law when, among other things, it is based on an “indisputably meritless legal theory” or when it “lacks an arguable basis in law . . . or [when] a dispositive defense clearly

    Cited 0 timesUnknown
  • Kapsis v. American Home Mortgage Servicing Inc.

    923 F. Supp. 2d 430 · District Court, E.D. New York · Feb 14, 2013

    AHMSI does dispute, however, that the letters plaintiff sent AHMSI qualify as QWRs under RESPA. … Plaintiff clearly indicated that his letter was sent to AHM-SI and that he believed AHMSI’s remittal of Check #490 was erroneous.

    Cited 57 timesPublished
  • L M Ericsson Telecommunications, Inc. v. Teltronics Services, Inc. (In Re Teltronics Services, Inc.)

    18 B.R. 705 · District Court, E.D. New York · Mar 16, 1982

    . § 93 (k), I find no reason for qualifying that rule in this case. … Such materials are clearly insufficient to support a motion under Rule 56, which requires that affidavits “shall set forth facts as would be admissible in evidence.”

    Cited 18 timesPublished
  • United States v. Hing Shair Chan

    680 F. Supp. 521 · District Court, E.D. New York · Feb 9, 1988

    He has clearly waived direct confrontation and there has been no violation of his constitutional rights. II. Admission under 18 U.S.C. §§ 3505 . A. Hearsay. … The business entry exception is a firmly established and central part of the hearsay rule.

    Cited 12 timesPublished
  • Bristol-Myers Squibb Co. v. McNeil-P.P.C., Inc.

    786 F. Supp. 182 · District Court, E.D. New York · Feb 20, 1992

    Standard for the Issuance of a Preliminary Injunction In order to obtain a preliminary injunction in the Second Circuit, it is well established that the movant must “clearly” establish the required elements set forth in the … Clearly, the plaintiff and defendant are direct product competitors.

    Vacated in part, on other grounds by Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-Appellee, 973 F.2d 1033 (1992)Cited 27 timesPublished
  • Joseph v. Jamaica Hospital Medical Center

    District Court, E.D. New York · Jun 11, 2021

    Roach, 165 F.3d 137, 142 (2d Cir. 1999) (“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”). … By contrast, it appears that Defendant Queens Hospital Center is not a private entity, but rather is operated by NYC Health + Hospitals, and thus may qualify as a state actor.

    Cited 0 timesUnknown
  • Brown Publishing Co. Liquidating Trust v. Axa Equitable Life Insurance

    519 B.R. 13 · District Court, E.D. New York · Sep 30, 2014

    (quotations and citation omitted)).- “The moving party bears the burden of establishing the absence of any genuine issue of material fact,” Zalaski v. … Clearly, AXA Equitable is not an immediate or mediate transferee of the funds from the Transfers that it received directly from BPC and deposited into B’s Nest’s Policy Account. See, e.g. Jobin v.

    Cited 4 timesPublished
  • Kaba v. Hope Home Care

    District Court, E.D. New York · Aug 26, 2023

    As to whether Plaintiff qualifies for in forma pauperis status, that “decision . . . is left to the District Court’s discretion[.]” Fridman v. City of New York, 195 F. Supp. 2d 534, 536 (S.D.N.Y. 2002). … district court “shall” dismiss an in forma pauperis action when the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune

    Cited 0 timesUnknown
  • Azizi

    District Court, E.D. New York · Nov 10, 2025

    Specifically, Plaintiff alleges that Defendant falsified one of their children’s medical records to qualify for a United States visa by bribing a physician in Afghanistan. Id. … It is well-established that “the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.” United States v. Nixon, 418 U.S. 683, 693 (1974).

    Cited 0 timesUnknown
  • Cora v. Rennassace Men Shelter

    District Court, E.D. New York · Jan 22, 2024

    The Court’s obligation “to construe a pro se complaint liberally” continues to apply “[e]ven after Twombly” established the plausibility standard for assessing pleadings. Newsome v. Bogan, 795 F. … ., “the claim lacks an arguable basis in law” or “a dispositive defense clearly exists on the face of the complaint.”

    Cited 0 timesUnknown
  • Peterkin v. Suffolk County Correctional Dept.

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

    “Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Thomas v. … Armstrong, 143 F.3d 698, 703 (2d Cir. 1998) (“It is well-established that mere disagreement over the proper treatment does not create a constitutional claim.

    Cited 0 timesUnknown
  • Calen v. United States

    District Court, E.D. New York · Sep 24, 2021

    Sovereign Immunity It is well settled that, as sovereign, the United States “is immune from suit save as it consents to be sued . . . , and the terms of its consent to be sued … Importantly, because a district court would lack subject matter jurisdiction to adjudicate claims against the United States absent a waiver of sovereign immunity, the plaintiff bears the burden of establishing that his

    Cited 0 timesUnknown
  • McAnaney v. Astoria Financial Corp.

    665 F. Supp. 2d 132 · District Court, E.D. New York · Sep 29, 2009

    Oct. 1, 2007) (dismissing HOEPA claim where loan at issue was “clearly a purchase money mortgage loan and not a second loan or a refinancing”). … Fee as part of the finance charge does not establish that they were previously required to under TILA.

    Cited 2 timesPublished
  • Johnson v. EAC Network

    District Court, E.D. New York · Oct 28, 2024

    a disability within the meaning of the ADA; (3) plaintiff was qualified to perform the essential functions of the job, with or without reasonable accommodation; and (4) plaintiff suffered an adverse employment action because … The Complaint also does not include factual allegations to establish each element of an ADA claim, like allegations that would establish that Plaintiff’s employer is covered by the ADA or that the condition Plaintiff suffers

    Cited 0 timesUnknown
  • Fox v. Cheminova, Inc.

    213 F.R.D. 113 · District Court, E.D. New York · Feb 28, 2003

    However, Plaintiffs contend there are likely over three hundred (300) lobstermen who may qualify for inclusion in this class. … This is clearly the ease here.

    Cited 13 timesPublished

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