Case law

Serrano v. Cablevision Systems Corp.

863 F. Supp. 2d 157 · District Court, E.D. New York · Mar 27, 2012

When a contract clearly identifies a single document, it eliminates all reasonable doubt and thus qualifies as an effective incorporation. See Progressive Casualty Ins. Co. v. C.A. … A private cause of action can stand only if a plaintiff establishes a violation of one of the factors set forth at section 1030(c)(4)(A)(i)(I-V). Id.

Herzog v. The New York City Department of Education

District Court, E.D. New York · Jul 24, 2024

Schulmann, 605 F.3d 72 (2d Cir. 2010), defendants have restated the second factor for establishing a prima facie case. … But the Court cannot conclude as a matter of law that the “Developing” mark, even though clearly not entirely satisfactory, means unsatisfactory.

Otazhonov v. MTA-John Doe

District Court, E.D. New York · Jun 15, 2023

“A plaintiff seeking to bring a lawsuit in federal court must establish that the court has subject matter jurisdiction over the action. … As such, the amended complaint must: (1) be clearly labeled as Plaintiff’s amended complaint; (2) clearly identify all Defendants against whom Plaintiff intends to assert claims; (3) allege clear, concise, plausible facts

McRae v. Califano

491 F. Supp. 630 · District Court, E.D. New York · Jan 15, 1980

If this is correct, no other governmental interest could qualify as compelling.” The earlier case of D.R. v. … The medical opinions reflect, if they do not clearly articulate, the two different aspects of abortion that were so clearly delineated in Roe v. Wade.

Saunders Jr v. Olatokunbo (Toks) Sofola, Esq.

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

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 … It is well established that attorneys do not act under color of state law when they perform traditional functions of counsel. Polk Cty. v.

Hudson v. Gioe

District Court, E.D. New York · Sep 23, 2024

Defendants that qualify for termination in their current positions, charges possibly imposed against police officer defendant for falsifying business records and penal laws 195.07, 215.40, 205.60 especially penal … A policy or custom may be established by any of the following: (1) a formal policy officially endorsed by the municipality; (2) actions taken by government officials responsible for establishing

Leo v. General Electric Co.

111 F.R.D. 407 · District Court, E.D. New York · Jul 17, 1986

A number of courts have followed the lead established in Fashion Page . In Ross v. … Boone, who approached Witt from behind the locked lobby doors was clearly a GE employee.

Whitfield v. Tomasso

682 F. Supp. 1287 · District Court, E.D. New York · Apr 14, 1988

to render investment advice to the Trustees as to the appropriateness of investing in Dome, and the Trustees did not consult anyone who was so qualified. … ERISA § 406(b)(1), 29 U.S.C. § 1106 (b)(1), which prohibits fiduciaries from dealing with plan assets in their own interest or for their own account, clearly prohibit these two defendants from paying themselves from Fund

T-Mobile Northeast LLC v. Inc. Village of East Hills

779 F. Supp. 2d 256 · District Court, E.D. New York · Mar 22, 2011

The denial issued by the ZBA is clearly based, in large part, on aesthetic concerns. … the current level of visibility of the established visual environs.”

Canaday v. Koch

598 F. Supp. 1139 · District Court, E.D. New York · Dec 17, 1984

The court found such contacts insufficient to establish venue because they had “nothing to do with the state official actually being sued.” Id. … Measuring priority not by which complaint was filed first but by how much progress has been made in the two actions, priority should clearly be given to the state court suit.

Rackman v. Microsoft Corp.

102 F. Supp. 2d 113 · District Court, E.D. New York · Jun 13, 2000

Once it is established that a claim element falls into the means-plus-function category, special rules of construction apply. … The patent specification clearly links this data processing means with the microprocessor.

Wills v. Microgenics Corporation

District Court, E.D. New York · Aug 4, 2025

Swotinsky is qualified to provide these opinions. He is a board-certified physician in occupation medicine with thirty-eight years of experience. … Plaintiff also adequately establishes a question of fact as to whether his drug test result was a false positive.

Crown Heights Jewish Community Council, Inc. v. Fischer

63 F. Supp. 2d 231 · District Court, E.D. New York · Aug 10, 1999

copies of the documents listed in their Schedule I and authenticating affidavits from qualified witnesses. … Clearly, Spielman is not a witness who could offer testimony at trial supporting plaintiffs’ claim of embezzlement. The Joseph Affidavit also refers to testimony of Council Chairman Samuel Malamud.

King v. New York City Employees Retirement System

212 F. Supp. 3d 371 · District Court, E.D. New York · Jul 25, 2016

An independent breach of a fiduciary duty claim has not been clearly stated by plaintiff. To the extent that plaintiff sought to bring an independent breach of fiduciary duty claim, it does not stand independently. … Plaintiffs membership in NYCERS does not qualify as a consumer relationship “to purchase goods and services for personal, family or household use.” Id.

Battagliese Corns v. Lapore

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

Accordingly, collateral estoppel clearly precludes Plaintiff from relitigating the issue of equitable tolling with respect to her Title VII claims. … Plaintiff bears the burden to establish that equitable tolling is warranted. Boos v.

Belfiore v. Procter & Gamble Co.

311 F.R.D. 29 · District Court, E.D. New York · Oct 5, 2015

; and (4) whether class members were damaged by purchasing Refrigerators that were not Energy Star qualified”). … Once the injury is established, statutory damages can be calculated on a classwide basis.

Peterkin v. Carr

District Court, E.D. New York · Mar 29, 2024

“It is well established that the submissions of a pro se litigant must be construed liberally and interpreted to raise the strongest arguments that they suggest,” Triestman v. Fed. … Under the objective prong, the gating question, therefore, is 3 Finding that Plaintiff’s claims for false arrest and deprivation of food cannot stand, the Court declines to reach Defendants’ qualified immunity argument

Leon v. Department of Education

16 F. Supp. 3d 184 · District Court, E.D. New York · Apr 29, 2014

Penalty • “From the time she did not get her first choice of Pre-K, the evidence established that Ms. … “To establish a pri-ma facie case of age discrimination under the ADEA, a plaintiff must show that: (1) he is a member of a protected class; (2) he was qualified for his position; (3) he suffered an adverse employment action

Pest v. Bridal Works of New York, Inc.

268 F. Supp. 3d 413 · District Court, E.D. New York · Jul 27, 2017

The evidence presented indicates clearly that plaintiff and defendants agreed that plaintiffs weekly salary would cover no more than 40 hours of work per week. … tags that were displayed on the garments she worked on (Pest Dep. at 43), as indicated supra, the Court finds that her pay stubs as interpreted by the witnesses appear to suggest a different method of payment and do not clearly

D'ANDREA v. Rafla-Demetrious

3 F. Supp. 2d 239 · District Court, E.D. New York · Mar 25, 1996

However, a satisfactory evaluation from one’s program director did not necessarily mean that a candidate was qualified for ABR examination and certification. … Defendants also assert the affirmative defense of qualified immunity, which plaintiff claims was waived.