Case law

Rios v. Read

480 F. Supp. 14 · District Court, E.D. New York · Oct 13, 1978

(Rossi Tran. p. 42). 8 There is no established procedure for referring students to bilingual instructors. … Other affirmative defenses, i. e., failure to join necessary parties, failure to allege a specific act of discrimination are clearly without merit and will not be discussed. 3 .

Yadav v. Brookhaven National Laboratory

204 F. Supp. 2d 509 · District Court, E.D. New York · May 31, 2002

In addition, DiNicola testified that Yadav is not qualified to manage the demolition of a building. Also, DiNico-la expressed reservations about whether the plaintiff is a “competent and qualified supervisor.” … More importantly, Maloney was so clearly more qualified in the field of safety and environmental concerns, that an interview with Yadav would have been a futile gesture.

Culpepper v. Suffolk County Correctional Facility

District Court, E.D. New York · Dec 7, 2020

Upon review, the Court finds that Plaintiff is qualified by his financial status to commence this action without prepayment of the filing fee. … Claim as construed against Suffolk County It is well-established that a municipality cannot be held liable under Section 1983 on a respondeat superior theory.

Gerasimou by Gerasimou v. Ambach

636 F. Supp. 1504 · District Court, E.D. New York · Jun 11, 1986

The Act clearly was intended to stop the warehousing, isolation, and sloughing off of the handicapped student, or the shifting of the cost of his education to his parents. … XI. *1513 It is clear that the Eleventh Amendment does not render a local school district immune from a suit for money damages. E.g., Miener, 673 F.2d at 980 .

Simpson v. United States

664 F. Supp. 43 · District Court, E.D. New York · Jun 30, 1987

Thomas Byram Byram, as Executive Director of BMC, clearly had a leading role in all aspects of managing the hospital. … Of course, unpaid service on the board of a not-for-profit institution should not confer automatic immunity from the strictures of section 6672.

Zubko-Valva v. The County of Suffolk

District Court, E.D. New York · Jun 15, 2022

Coffey, 221 F.3d 342, 349 (2d Cir. 2000) (“[O]nly qualified immunity [is accorded] to prosecutors who act in an investigating capacity.”); see also Malley v. … Qualified Immunity The CPS Defendants argue that they are entitled to qualified immunity because they had a reasonable basis for initiating neglect proceedings.

Mecca v. Deutsche Bank National Trust Company

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

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 … a judgment of foreclosure is clearly barred by the Rooker-Feldman doctrine.” Nath v. JP Morgan Chase Bank, No. 15-CV-3937, 2016 WL 5791193, at *6 (S.D.N.Y.

United States v. Zahrey

963 F. Supp. 1273 · District Court, E.D. New York · Apr 29, 1997

Hackley, 636 F.2d 493, 500 (D.C.Cir.1980) (waiver of the right'to remain silent must be established by preponderance of the evidence). … To qualify as an admission, the statement must (1) be offered against a party and (2) be the party’s own statement. Fed. R. Evid. 801(d)(2)(A).

Tufariello v. Long Island Rail Road

364 F. Supp. 2d 252 · District Court, E.D. New York · Mar 18, 2005

Thus, these regulations clearly “cover” or “substantially subsume” the issue raised here. … Hunt Transp., Inc. 950 F.Supp. at 1107 (holding that “[njeither the plaintiff nor fellow crewmen are qualified to testify as design experts”). While plaintiffs expert, Dr.

Flores v. City of New York

District Court, E.D. New York · Feb 19, 2021

“To qualify as a constitutionally sufficient injury- in-fact, the asserted injury must be ‘concrete and particularized’ as well as ‘actual or imminent, not conjectural or hypothetical … Flores argues that the failure to provide feminine hygiene products at NYPD precincts “clearly evinces a gender discriminatory policy, practice or pattern on the part of” the City.

Sheehan v. Purolator, Inc.

103 F.R.D. 641 · District Court, E.D. New York · Dec 26, 1984

alleging discriminatory treatment, or other evidence establishing the existence of an aggrieved class. … A claim of retaliatory treatment, requiring proof of facts unique to the particular plaintiff, “is clearly not a class issue____ Indeed, preoccupation with peculiar retaliatory wrongs allegedly done to one may well make such

Brown v. City University of New York

District Court, E.D. New York · Sep 30, 2022

Under the McDonnell Douglas framework, the plaintiff must establish a prima facie case of discrimination by showing that: (1) she is a member of a protected class; (2) she was qualified for the position she held; (3) … First, Plaintiff has established a prima facie case that she was qualified for tenure.

Dolan v. Fairbanks Capital Corp.

930 F. Supp. 2d 396 · District Court, E.D. New York · Mar 13, 2013

Plaintiff’s TILA Claims Against FCC TILA requires creditors to clearly and accurately disclose all the material terms of a credit transaction. See Beach v. Ocwen Fed. … United States, 854 F.2d 622, 628 (2d Cir. 1988) (“These allegations clearly constitute an action for intentional misrepresentation (called ‘fraud’ in New York) ....”).

Adamowicz v. Pergament (In Re Lamparter Organization Inc.)

207 B.R. 48 · District Court, E.D. New York · Mar 25, 1997

ANALYSIS Standard of Review This court reviews the bankruptcy court’s “conclusions of law de novo, and findings of fact under a clearly erroneous standard.” Shugrue v. … Indeed, the Klein Sleep Court relied on In re Chugiak to establish that an assumed, pre-petition contract should be given administrative expense priority for the very reason that such a contract is fundamentally similar to

Ryan v. Dow Chemical Co.

611 F. Supp. 1396 · District Court, E.D. New York · May 28, 1985

Such a program clearly is an undesirable use of the fund. … The presumption may be overcome by evidence clearly demonstrating the date of onset.

In re Nigeria Charter Flights Contract Litigation

233 F.R.D. 297 · District Court, E.D. New York · Feb 1, 2006

Plaintiffs are represented by qualified and experienced counsel — Echeruo, Counsel, Attorneys at Law, LLP and Thacher Proffitt & Wood LLP — who were appointed co-lead counsel of the multidistrict litigation in November 2004 … Because the bond is not the sole source from which plaintiffs seek to recover, Rule 23(b)(1)(B) certification is clearly inappropriate. Plaintiffs also seek certification pursuant to Rule 23(b)(2).

Cruz v. Triangle Affiliates, Inc.

571 F. Supp. 1218 · District Court, E.D. New York · Oct 4, 1983

was not clearly foreshadowed. … Van Dorn Co., 498 F.2d 544 (6th Cir.1974) (per curiam) (in a Title VII case, uncontradicted evidence showed that plaintiff was not qualified for a promotion; plaintiff submitted an affidavit that in his opinion he was qualified

Kuck v. Planet Home Lending, LLC

354 F. Supp. 3d 162 · District Court, E.D. New York · Dec 7, 2018

These allegations clearly satisfy the Second Circuit's edict that a complaint contain specificity as to as to uncompensated hours worked during a particular week. See Smith v. Mercy Med. … Dec. 17, 2013) ("Plaintiffs clearly 'get beyond' the forty hour requirement ... in every week of the year for those in Platoon D.").

Munteanu

District Court, E.D. New York · Jun 24, 2026

The defendants also contend that Munteanu has failed to exhaust her administrative remedies and that the Village is entitled to qualified immunity. … immunity as their acts were discretionary, see Rottkamp v.

Glazer v. AA Premier Realty, Ltd.

294 F. Supp. 2d 296 · District Court, E.D. New York · Nov 25, 2003

Bobker, 808 F.2d 930, 933-34 (2d Cir.1986), the Second Circuit stated: The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … The governing law alleged to have been ignored by the arbitrators must be well defined, explicit and clearly applicable.