Case law

Husser v. New York City Department of Education

137 F. Supp. 3d 253 · District Court, E.D. New York · Sep 30, 2015

In such circumstances, it is clearly the fact-finder’s role to assess such evidence and determine whether Husser has made a prima facie showing that she and her colleagues had comparable jobs for purposes of the Equal Pay … Oct. 17, 2014) (“An action resulting in. the denial of a pay raise can qualify as an adverse employment action.”). But see Kelly v. Huntington Union Free Sch. Dist., 2012 WL 1077677 , at *16 (E.D.N.Y.

Soltex Polymer Corp. v. Fortex Industries, Inc.

590 F. Supp. 1453 · District Court, E.D. New York · Jun 20, 1984

It is uncontested that Solvay itself is not incorporated, licensed, registered or qualified to do business in New York. Solvay owns no real property in New York, nor does it maintain offices here. … It is clearly an independent company which is neither acting as Solvay’s agent nor as a "mere department” of Solvay. Alkor sells only roofing materials, a product not sold or manufactured by Solvay.

Mendelsohn v. Pappas (In Re Pappas)

239 B.R. 448 · District Court, E.D. New York · Sep 30, 1999

However, the Court finds that the argument is clearly presented by the record. … The Oyster Bay conveyance clearly qualifies as “any” transfer voidable under applicable law.

Mitchell v. Century 21 Rustic Realty

233 F. Supp. 2d 445 · District Court, E.D. New York · Nov 5, 2002

(Moritt Reply Aff. at ¶ 21.) *450 The record clearly reveals that the Shanes’ decision to sell to Mr. … Crosier is qualified as an appraiser and that his estimate of the appraisal value of $685,000 was based on proper methodologies, his estimate was based solely on an exterior inspection only. (Ex.

Braithwaite v. Collins

District Court, E.D. New York · May 23, 2022

The submission was sworn to on January 30, 2022 and docketed on February 10, 2022. 3 be clearly … Plaintiff’s In Forma Pauperis Application is Granted Having reviewed his financial status, the Court finds that Plaintiff is qualified to commence this action without prepayment

Calixte v. Susan Ray Equities Inc.

District Court, E.D. New York · Jan 12, 2022

Calixte has failed to establish that this Court has jurisdiction to hear his case. … Section 1983 permits suit against any person who deprives another of “any rights, privileges, or immunities secured by the Constitution and laws.”

United States v. Starrett City Associates

660 F. Supp. 668 · District Court, E.D. New York · May 5, 1987

Title VIII requires no more to establish a violation. 42 U.S.C. § 3604 (b).” Id. at 1248 . The Otero Case The Starrett defendants rely heavily on Otero v. … The applicable law in this case is clearly Title VIII, 42 U.S.C. § 3604 , and not the constitutional cases discussed in Otero and relied on by defendants.

Raffaele v. City of New York

144 F. Supp. 3d 365 · District Court, E.D. New York · Oct 30, 2015

Denial of Access to the Courts in Violation of § 1983 (Count IV) “The Supreme Court has grounded the right of access to the courts in the Privileges and Immunities Clause of Article IV, the Petition Clause of the First Amendment … The Brown press release clearly articulates that the district attorney’s office found “insufficient evidence of criminality” to support criminal charges, citing the reasonable doubt standard, and briefly provides the factual

F. Garofalo Electric Co. v. Hartford Fire Insurance

799 F. Supp. 8 · District Court, E.D. New York · Jul 8, 1992

The Court applies these well established principles of New York contract law to resolve the motion and cross-motions for summary judgment for each cause of action seritiam: 1. … Paragraph 16 imposes a duty on Garofalo to inspect Federal’s work which is not qualified by its cost or time constraints.

Fetman v. Musso

District Court, E.D. New York · Feb 25, 2021

City of New York, 458 F.3d 150, 157 (2d Cir. 2006) (“A court may take judicial notice of a document filed in another court not for the truth of the matters asserted in the other litigation, but rather to establish the fact … “A finding is ‘clearly erroneous’ when, on consideration of the record as a whole, the reviewing court ‘is left with the definite and firm conviction that a mistake has been committed.’” Bongiovanni v.

Adler v. Ng (In Re Adler)

395 B.R. 827 · District Court, E.D. New York · Sep 15, 2008

The imposition of the automatic stay clearly precluded defendant from participating in the proceedings. … “Omissions as well as affirmative misstatements qualify as false statements for Section 727(a)(4)(A) purposes.” Republic Credit Corp. I v.

Harley v. Guida

District Court, E.D. New York · Jul 21, 2020

rights, privileges, or immunities guaranteed by the Constitution or federal law. … This allegation clearly sounds in the Fourth Amendment.

Obando v. Hobson-Williams

District Court, E.D. New York · Sep 5, 2023

In the space to assert a “Statement of Claim,” Obando has written “Dep[]rivation of rights, Bid Rigging, Fa[i]lure or Refusal to qualify, coor[d]inated obstruction.” Id. at 4. … Nonetheless, a pro se plaintiff must “still comply with the relevant rules of procedural and substantive law, including establishing that the court has subject matter jurisdiction over the action.” Ally v.

United States Ex Rel. Edney v. Smith

425 F. Supp. 1038 · District Court, E.D. New York · Nov 24, 1976

The only federal authority clearly on point protects the privilege in these circumstances. In United States v. … The statements by the defendant to his psychiatrist were not admitted to establish the fact of his having committed the murder, but only to establish a basis for the psychiatrist’s evaluation of petitioner’s sanity at the

FILMS BY JOVE, INC. v. Berov

341 F. Supp. 2d 199 · District Court, E.D. New York · Nov 5, 2004

The December 24, 2003 Directive states that its purpose is to establish “the uni *203 form interpretation and application in practice” of the June 30, 1999 Directive. … Taken together, these changes purport to establish that the government of the Russian Federation transferred the copyrights in the films to FSUESMS in 1999.

Ruppert v. Secretary of the United States Department of Health & Human Services

671 F. Supp. 151 · District Court, E.D. New York · Oct 9, 1987

The State Commissioner is clearly within the jurisdiction of this Court and could have been joined as a defendant to Green’s lawsuit. … Karnett’s parents did not provide the necessary information, and a local real estate broker undoubtedly qualifies as a knowledgable source.

Salahuddin v. Access-VR SRC

District Court, E.D. New York · Jun 2, 2022

Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of … Plaintiff should use the general complaint form and blank or ruled pages to clearly state her allegations rather than try to fit her allegations within the form complaint.

United States v. Gotti

771 F. Supp. 535 · District Court, E.D. New York · Jul 19, 1991

This argument clearly implies that the tapes were audible, each party heard conversations that were captured on them but disagree about what they heard. … Agent Gabriel was told by the nine confidential sources that they would not testify before a grand jury even if each was granted immunity and accepted into the witness protection program.

Hughes v. Rehal

District Court, E.D. New York · Mar 30, 2021

Finally, they argue that Rehal is entitled to qualified immunity because there was arguably reasonable cause to arrest Hughes. (Id. at 13.) … Probable cause is established when an arresting officer has “knowledge of, or reasonably trustworthy information as to, facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief

Albaum v. Carey

283 F. Supp. 3 · District Court, E.D. New York · Mar 15, 1968

The superintendent’s recommendation would be a sort of screening device which brought before the Board of Education the names of all those who were qualified by objective standards. … Clearly the state must be given substantial authority to choose its teachers on the basis of intangibles.