Case law

Richards v. Mount Sinai South Nassau

District Court, E.D. New York · May 1, 2025

a protected class, (2) was qualified, (3) suffered an adverse employment action, and (4) has at least minimal support for the proposition that the employer was motivated by discriminatory intent.’” … See also id. at 15 (“Adverse [a]ctions, taken against [Plaintiff by Defendants] increased in intensities[] in the [e]mployment [d]iscriminations.”); 2/18/2025 Notice, Dkt. 12, at 1 (“The [Defendants’] conduct clearly

Local 553, Transport Workers Union v. Eastern Air Lines, Inc.

544 F. Supp. 1315 · District Court, E.D. New York · Aug 16, 1982

These proposals were clearly not unreasonable efforts to resolve the dispute. None of these proposals was accepted by defendant. … The CAB also conferred on the parties antitrust immunity pursuant to § 414 of the Federal Aviation Act, as amended, 49 U.S.C. § 1384 . The Union challenges neither of these rulings of the CAB.

Hernandez v. D.M. Unger

District Court, E.D. New York · Dec 27, 2019

inconsistent, in numerous ways, with portions of the many prior statements he had given in the case, including several oral statements followed by a written statement to police, and, later, testimony under a waiver of immunity … In any event, these claims would not establish a basis for habeas relief.

Martin v. State University of New York

704 F. Supp. 2d 202 · District Court, E.D. New York · Mar 26, 2010

Here, the undisputed facts in the record clearly establish that there was no contributory act that was itself timely. … To establish a prima facie case of discrimination, a plaintiff must show that (1) she is a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4) the action

Sung v. DeJoy

District Court, E.D. New York · Sep 5, 2024

Your allegation does not qualify as harassing conduct. Id. at 4 n.1. … The AJ further decided that Plaintiff “failed to raise a material issue of fact that would establish a prima facie case of disparate treatment discrimination based upon Race, Color, or Age” and could not “establish that

Tri-State Judicial Services, Inc. v. Markowitz

624 F. Supp. 925 · District Court, E.D. New York · Dec 20, 1985

Quite clearly, Mrs. … Therefore, Tri-State cannot establish jurisdiction over Mr. Markowitz or M-I by virtue of § 301. Turning to § 302(a), it should first be noted that if in personam jurisdiction can only be established over Mr.

James v. New York City District Council of Carpenters' Benefits Funds

947 F. Supp. 622 · District Court, E.D. New York · Dec 13, 1996

James’ memorandum of law argues that “both Christine and Reginald James’ deposition testimony clearly reveals that Christine James was to be compensated for her services as a professional nurse.” Def. Mem. of Law at 14. … Were all communications between an employer and plan beneficiaries to be considered along with the SPDs as establishing the terms of a welfare plan, the plan documents and the SPDs would establish merely a floor for an employer

Laverpool v. New York City Transit Authority

760 F. Supp. 1046 · District Court, E.D. New York · Mar 30, 1991

The plaintiffs have clearly alleged facts couched in the required statutory and constitutional language. … Section 504 prevents an employer receiving federal financial assistance from discriminating against an “otherwise qualified” individual with a handicap ( 29 U.S.C. § 794 [a]).

Johnson JR v. Suffolk County

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

On February 25, 2025, Plaintiff was transferred to the Yaphank facility; by that time, “[his] condition considerably worsened [and] was clearly visibly spreading from [his] left hand to [his] right hand [and] spreading … To establish personal involvement, “a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Tangreti v.

Padberg v. McGrath-McKechnie

203 F. Supp. 2d 261 · District Court, E.D. New York · Apr 29, 2002

The purpose of the TLC is to develop and improve taxi and limousine service by adopting and establishing overall policy, and by establishing criteria and standards for driver safety, service, equipment safety and design, … Nevertheless, having to divert scarce resources away from other organization activities as a result of the challenged conduct may qualify as an injury that confers standing.

Velasquez v. Suffolk Police

District Court, E.D. New York · Dec 11, 2019

In Forma Pauperis Application Upon review of Plaintiff’s declarations in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence … 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.” Id.; see also Snider v.

Eka v. Brookdale Hospital Medical Center

247 F. Supp. 3d 250 · District Court, E.D. New York · Mar 29, 2017

Brookdale’s Offers of Full-Time Employment to Eka At Brookdale, open bargaining-unit positions are filled based on seniority, as long as the applicant is qualified. (PI. 56.1 ¶ 72.) … However, Plaintiffs failure to investigate argument fails because (1) Plaintiff never clearly communicated his concerns about national origin discrimination to Brookdale management; (2) Brook-dale nonetheless conducted an

Klein v. National Life of Vermont

7 F. Supp. 2d 223 · District Court, E.D. New York · Jun 3, 1998

Moreover, the record also establishes that plaintiff spent most of his time in an operational relationship with the various clmies. … Summary judgment is warranted where “it clearly appears that the issues are not genuine, but feigned.” United National Ins. Co. v. The Tunnel, Inc., 988 F.2d 351, 354 (2d Cir.1993) (citations omitted).

Keating v. Gaffney

182 F. Supp. 2d 278 · District Court, E.D. New York · Sep 12, 2001

“If the plaintiff establishes only ‘the inability to perform a single, particular job,’ he has failed to establish a substantial impairment to his major life activity of working.” Muller v. … Clearly defendant Suffolk County is a beneficiary of the notice of claim requirement under N.Y. County Law § 52 (1).

Bibi v. Bitter

District Court, E.D. New York · Sep 30, 2024

Citizenship and Immigration Services (“USCIS”) to establish the qualifying relationship with the foreign national beneficiary. See 8 C.F.R. § 204.1(a). … Once processed, the case is deemed documentarily qualified, which means that the visa applicant has submitted the necessary documentation to be scheduled for an interview. Id.

WOE BY WOE v. Cuomo

638 F. Supp. 1506 · District Court, E.D. New York · Jul 1, 1986

Clearly, the absence of JCAH accreditation does not mean that the care rendered by a hospital is constitutionally inadequate. To meet their burden of proof, plaintiffs called Dr. … Significantly, plaintiffs have not demonstrated that a JCAH accredited Mid-Hudson would be immune from acts of negligence which produce damage that may give rise to a violation of a patient’s constitutional rights.

Findley v. Falise

878 F. Supp. 473 · District Court, E.D. New York · Jan 19, 1995

The Act authorizes issuance of an injunction immunizing an asbestos debtor from future claims where the debtor, as part of a bankruptcy proceeding, establishes a qualifying trust to compensate asbestos claimants. … To qualify for the injunction, the trust established under the reorganization must (1) assume the debtor’s wrongful death, personal injury and property damage liabilities for exposure to asbestos products; (2) be funded by

Payne v. New York City Police Department

863 F. Supp. 2d 169 · District Court, E.D. New York · Mar 28, 2012

These factors are sufficient to establish that the EEOC was put on notice of potential racial discrimination. … First, a plaintiff must establish a prima facie case of discrimination by demonstrating that: “(1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse employment

Linde v. Arab Bank, PLC

608 F. Supp. 2d 351 · District Court, E.D. New York · Feb 26, 2009

The quantum of proof necessary to establish the applicability of the crime-fraud exception, however, is unsettled. … The court first examines the Declaration’s depiction of the Hamdan account as three-years “dormant” when there had been a number of deposits into the account during that time. 7 Clearly, this usage of “dormant” is at odds

United States v. All Funds on Deposit At: Citigroup Smith Barney Account No. 600-00338

617 F. Supp. 2d 103 · District Court, E.D. New York · Sep 10, 2007

Clearly, Hana has no ownership interest in the Defendant Accounts. See Musso v. … Kobi is clearly a sophisticated businessman represented by competent counsel.