Case law

Mendoza-Lebron v. Adams

District Court, E.D. New York · Jul 11, 2025

Regulation 2 also mandates that termination notices clearly summarize applicable exemptions and procedures for resolving disputes before service is shut off. … “Even if the [P]laintiffs established violations of state or municipal law, it is well established that a violation of state law does not per se result in a violation of the Due Process Clause.” Garland v. N.Y.C.

Mendez v. U.S. Nonwovens Corp.

312 F.R.D. 81 · District Court, E.D. New York · Mar 5, 2014

See Flores, 284 F.R.D. at 130 (“More importantly, the sworn affidavits of named Plaintiffs clearly demonstrate that Plaintiffs are familiar with, and are actively participating in, this litigation.”); Hamelin v. … overtime and spread-of-hours compensation to its employees_ Although individual questions as to damages may exist, ‘common legal issues related to the members’ entitlement to overtime wages and the proper measure of such wages clearly

Rice v. City of New York

275 F. Supp. 3d 395 · District Court, E.D. New York · Jul 26, 2017

City of New York, 864 F.3d 200, 213-14 (2d Cir. 2017) (dismissing state law false arrest claim against police officer defendants where officers had been found immune from suit as a matter of law with respect to federal false … Moreover, Plaintiffs fail to plead or establish any actual damages caused by the Gutman Defendants’ alleged deceit, another required element of their claim.

Moss v. Board of Education of the Brentwood Union Free School District

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

To establish a prima facie claim of race discrimination, a plaintiff must demonstrate: “(1) he is a member of a protected class, (2) he was qualified for the job for which he applied, (3) he … and that no one else could ever be more qualified than him.”

Makary ex rel. Estate of Makary v. EgyptAir

462 F. Supp. 2d 360 · District Court, E.D. New York · Nov 27, 2006

In light of the amendment, these cases assume renewed vitality as relevant precedent in ascertaining who qualifies under the statute as a dependent relative for pecuniary and nonpecuniary awards. … Although not clearly stated in the decision, it appears that the Bissett court applied general maritime law to determine damages.

Jackson v. NASSAU COUNTY BD. OF SUP'RS.

818 F. Supp. 509 · District Court, E.D. New York · Apr 14, 1993

Mandeville In 1968, five plaintiffs, each of whom was a resident, taxpayer, and qualified voter of one of the three towns and two cities comprising Nassau County brought an action for declaratory judgment, seeking an order … "The grant of summary judgment for the nonmoving party clearly is proper if both sides agree that there are no material fact issues...." (10A C. Wright, A. Miller & M.

Potente v. Citibank, N.A.

282 F. Supp. 3d 538 · District Court, E.D. New York · Oct 17, 2017

While courts have found exceptions to the rule of caveat emptor , the Plaintiffs do not allege any facts that would qualify for those exceptions. See Barkley v. … The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section.

Gotkin v. Miller

379 F. Supp. 859 · District Court, E.D. New York · Jul 24, 1974

The establishment of any property interest is substantially the result of state, rather than constitutional, law. As the Supreme Court in Board of Regents of State Colleges v. … Quite the contrary, the statute establishes a general rule of nondisclosure and only permits access to a mental hospital’s medical files in a limited number of enumerated situations.

Sanders v. Szubin

828 F. Supp. 2d 542 · District Court, E.D. New York · Dec 6, 2011

Instead, the nonmoving party must “make a showing sufficient to establish the existence of [each] essential element to that party’s case .... … Clearly, to be sure, there is also a limited exception to that general rule. Leary v.

United States v. Mejia-Valez

855 F. Supp. 607 · District Court, E.D. New York · Jun 15, 1994

Although the statement attributed to Velasco at trial qualifies as one made by a declarant within the meaning of Rule 806 3 , the additional statement offered by defendant, ostensibly for impeachment purposes, was inadmissible … The unavailability of the declarant’s testimony establishes a kind of need to accept his out-of-court statement.

Scott v. United States

District Court, E.D. New York · Mar 17, 2025

The United States has waived its sovereign immunity for these certain classes of tort actions and is the only proper defendant. 28 U.S.C. §§ 2679, 1346(b)(1). … if the Court were to find that plaintiff’s objections to the R&R were improper, the Court would still engage in an analysis of plaintiff’s arguments on this point to ensure the magistrate judge’s determination was not clearly

Caston v. Costello

74 F. Supp. 2d 262 · District Court, E.D. New York · Nov 11, 1999

She would appear to be a qualified juror.” Id. at 213 . The court asked defense counsel to articulate the pattern suggesting discriminatory use of the peremptory challenges. … New York law does not clearly establish what sort of objection is required in cases such as this, when the Batson claim is initially raised during jury selection but the explanation phase of the Batson inquiry is not completed

Morinville v. Dzurenda

District Court, E.D. New York · Jan 24, 2022

Applications to Proceed In Forma Pauperis Upon review of Plaintiff’s submissions, the Court finds that he is qualified by his financial status to commence these actions without prepayment of the Court’s … “Personal involvement” may be established by evidence of a supervisor’s direct participation in the challenged conduct or “by evidence of an official’s (1) failure to take corrective action after learning of

Williams v. Ritchie

139 F. Supp. 2d 330 · District Court, E.D. New York · Apr 18, 2001

Gavini’s last examination of plaintiff took place too long ago to capture any improvements to her condition, and because such improvements are clearly reflected in the reports of defendants’ physicians, plaintiffs claim that … Moreover, a mere straightening of the lordotic curve, persistent headaches or a strained shoulder muscle which does not disrupt overall functioning does not qualify as significant limitation of use of a body function or system

United States v. Schmitt

999 F. Supp. 317 · District Court, E.D. New York · Mar 31, 1998

However, Mansky also stated that the other docks perpendicular to the main dock or walkway would not qualify for the Nationwide Three Permit. … The Schmitts have failed to establish a due process violation.

Charles

District Court, E.D. New York · Oct 31, 2025

an in forma pauperis action where it is satisfied that 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 … An action is “frivolous” when either: (1) “the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy”; or (2) “the claim is based on an indisputably meritless legal theory

Taylor v. Ridley

904 F. Supp. 2d 222 · District Court, E.D. New York · Oct 19, 2012

Under New York law, justification for an arrest "may be established by showing that the arrest was based on probable cause.” Id. at 76 . . … In light of the dismissal of all of plaintiff’s Section 1983 claims, it is unnecessary to address defendants' contention that Ridley and Johnson are shielded from liability pursuant to the doctrine of qualified immunity.

Guggino v. Medical Department-Yaphank Correctional Facility

District Court, E.D. New York · Apr 25, 2025

In Forma Pauperis Upon review of Guggino’s IFP Motion (IFP Mot.), the Court finds that Guggino is qualified by his financial status to commence this action without the prepayment … If Guggino 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

Morinville v. Dzurenda

District Court, E.D. New York · Jan 24, 2022

Applications to Proceed In Forma Pauperis Upon review of Plaintiff’s submissions, the Court finds that he is qualified by his financial status to commence these actions without prepayment of the Court’s … “Personal involvement” may be established by evidence of a supervisor’s direct participation in the challenged conduct or “by evidence of an official’s (1) failure to take corrective action after learning of

Sohnen v. Charter Communications, Inc.

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

Accordingly, a plaintiff may establish a prima facie claim by showing: “(1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified to perform the essential … Defendant argues that Plaintiff cannot establish that he was otherwise qualified to perform the essential functions of his job (the third element) and cannot show he suffered an adverse employment action because of his