Case law

Eugene Iovine Inc. v. Rudox Engine & Equipment Co.

871 F. Supp. 141 · District Court, E.D. New York · Dec 9, 1994

Moreover, the HHC Electrical Contract required Iovine to obtain the services of a qualified elevator company as a subcontractor, to be pre-approved by HHC, for work associated with elevators, including removal of the existing … Condition 5 of the purchase order clearly establishes the parties’ intent that, for purposes of § 2-725(2), “tender of delivery” would occur not upon delivery of the MG Sets, but upon HHC’s acceptance of Iovine’s work.

Kersey

District Court, E.D. New York · Jun 9, 2026

“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. … If Kersey chooses to amend his complaint, he shall: (1) do so within thirty (30) days from the date of this Memorandum and Order; (2) clearly labeled it “Amended Complaint”; (3) and include the same docket number as this

Mosier v. State University of New York

District Court, E.D. New York · Jan 2, 2020

York’s sovereign immunity extends to the State University of New York system,” Wilkinson v. … immunity” Hauff v.

Maverick Fund, L.D.C. v. Comverse Technology, Inc.

801 F. Supp. 2d 41 · District Court, E.D. New York · Jul 12, 2011

While the Plans allowed Comverse to grant “in-the-money” stock options for non-qualified grants, the Company represented that it never did so. … Defendants’ statements that they “expect to become current in our filings with the SEC by the end of fiscal 2007” clearly express the defendants’ expectations regarding a future event, namely, the Company becoming current

Isbrandtsen Co. v. District 2, Marine Engineers Beneficial Ass'n

256 F. Supp. 68 · District Court, E.D. New York · Jun 27, 1966

Title IV concerns the establishment of a committee on labor relations. Title V contains a definition section, a savings provision and a separability clause. … Here involved is a separately stated and clearly severable part of the Act which in form provides for action against all parties to a labor dispute.

Roldan v. Lewis

District Court, E.D. New York · Mar 3, 2025

As is well-established, “[t]o establish a prima facie case of negligence, a plaintiff must establish the existence of a duty owed by a defendant to the plaintiff, a breach of that duty, and that such breach was a proximate … Curiously, they advance an immunity argument without using the word “immunity,” but the idea under state law is that when a municipality exercises a “governmental function, the municipality is immune from suit if the conduct

Tan v. Macy's Inc.

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

§ 1915(e)(2)(B), a district court shall dismiss an IFP action that “(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 … “A court may dismiss a claim as factually frivolous if the sufficiently well- pleaded facts are clearly baseless—that is, they are fanciful, fantastic or delusional.” Gallop v.

C.H. Sanders Co. v. BHAP Housing Development Fund Co.

750 F. Supp. 67 · District Court, E.D. New York · Nov 9, 1990

HUD has, on August 3, 1990, again filed a notice of appeal seeking a review of the issue of the waiver of HUD’s sovereign immunity claims which the Court of Appeals has already ruled on adversely to HUD. … F.T.C., 647 F.2d 1124 (D.C.Cir.1978), the court stated it thus, at pp. 1128-29; It is well established that the District Court is without jurisdiction to alter a judgment of its own while an appeal therefrom is ongoing.

Ruderman v. Law Office of Yuriy Prakhin, P.C.

District Court, E.D. New York · Mar 22, 2021

Prakhin and the Firm’s employees, were clearly made in order to gather information to aid outside counsel in representing defendants in the instant litigation. … Prakhin was clearly coordinating the search for experts at the direction of outside counsel. See DE #55-3.

Bentley v. Peace and Quiet Realty 2 LLC

367 F. Supp. 2d 341 · District Court, E.D. New York · May 3, 2005

Indeed, “the history of the FHAA clearly establishes that Congress anticipated that landlords would have to shoulder certain costs involved, so long as they are not unduly burdensome.” Mobile Home, 29 F.3d at 1416. … In order to determine whether Bentley’s requested accommodation poses an undue burden to the defendants, the court will hold a hearing on Tuesday, May 10, 2005 at 11:30 a.m., wherein the parties will submit qualified witness

In Re Nassau County Strip Search Cases

742 F. Supp. 2d 304 · District Court, E.D. New York · Sep 22, 2010

strip search, and $1,000 if they were subjected to two or more qualifying strip searches.” … Wexler of the Eastern District of New York held that Nassau County’s blanket policy of strip searching *307 all newly admitted misdemeanor and noncriminal charged detainees at the NCCC violated clearly established Fourth

Jimenez v. City of New York

District Court, E.D. New York · Aug 13, 2021

Having decided that it was, and finding no indication that amendment would 5 As a result, the Court need not address defendant’s qualified immunity argument, though had it, the result would surely be unchanged. … Supp. 2d at 406 (where officer’s “single shove” of plaintiff was not excessive, “the officer or officers who pushed [plaintiff] would at a minimum be cloaked with qualified immunity”).

Ladner v. City of New York

20 F. Supp. 2d 509 · District Court, E.D. New York · Sep 14, 1998

This inclusion alone does not establish any willful intent on behalf of state officials. … Such cases are clearly inapplicable here. As previously explained, plaintiffs have failed to demonstrate how the ballot stubs could demonstrate willful election fraud in this case.

Dixon v. DeBlasio

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

The requirements of this Order shall not apply to any establishment offering food or drink exclusively for off-premises or outdoor consumption, or to a food service establishment providing only charitable food services, … The Fourteenth Amendment’s Privileges and Immunities Clause Finally, plaintiffs request that we adopt a novel view of the Fourteenth Amendment’s Privileges and Immunities Clause, contrary to that of both the

Turano v. Board of Education of Island Trees Union Free School District No. 26

434 F. Supp. 1063 · District Court, E.D. New York · Jul 15, 1977

Defendant Board of Education of Union Free School District No. 26 is a municipal body established under the Education Law of the State of New York to administer the schools within that School District. 3. … Plaintiff’s position here is clearly inconsistent with the position he took before the Commission to gain reinstatement, unless we were to assume that plaintiff is arguing that his heritage was the fact that was damaging

Board of Managers of the Mason Fisk Condominium v. 72 Berry Street, LLC

801 F. Supp. 2d 30 · District Court, E.D. New York · Jun 26, 2011

Additionally, the complaint alleges that the sponsor failed to apply for a “J-51” real estate tax exemption despite promising to use “best efforts” to ensure that the building qualified. … Clearly, the need for such individualized proof renders the Association an inappropriate vehicle to bring the Land Sales Act claims of its members.”); Woodsmoke Ranch Ass’n v.

United States v. Gotti

322 F. Supp. 2d 230 · District Court, E.D. New York · Jun 22, 2004

Superior Court, 457 U.S. 596 , 102 S.Ct. 2613 , 73 L.Ed.2d 248 (1982), its decision in Richmond Newspapers established that there is a qualified First Amendment right of access to criminal trials. … The court held that under either approach the qualified First Amendment right of access attached to docket sheets.

Albanese v. Federal Election Commission

884 F. Supp. 685 · District Court, E.D. New York · Apr 17, 1995

State of New York; (2) the invalidation of the FECA insofar as it allows for the use of private monies in federal elections; (3) the invalidation of the franking statute unless and until equal funds are appropriated for qualified … These facts clearly make the alleged injury more remote than that alleged in Buckley .

European Community v. Japan Tobacco, Inc.

186 F. Supp. 2d 231 · District Court, E.D. New York · Feb 19, 2002

Predicated on smuggling, the claims all clearly implicate the revenue rule in that they would necessarily cause this court to pass on foreign tax laws. … Plaintiffs make no showing, and this court finds no demonstration in the case law, that any of these claims are immune to the revenue rule.

Toys "R" US, Inc. v. Canarsie Kiddie Shop, Inc.

559 F. Supp. 1189 · District Court, E.D. New York · Mar 17, 1983

Conclusion on Likelihood of Confusion The determination of whether a likelihood of confusion has been established here is a difficult one, for there clearly are factors cutting both ways. … Sorenson, under whose auspices the survey was conducted, was qualified as an expert.