Case law

Haczynska v. Mount Sinai Health System, Inc.

District Court, E.D. New York · May 13, 2025

is contrary to the practice of immunization or the COVID-19 vaccine.” … Her request was eventually denied on December 15, 2021, on the basis that she “did not sufficiently establish a sincerely held religious or moral belief that is contrary to the practice of immunization or the COVID-19

Collins v. United States Postal Service

District Court, E.D. New York · May 26, 2020

FTCA Jurisdictional Requirements The United States, as sovereign, is immune from suit absent a waiver of that immunity by statute. … While a plaintiff “need not comply with the settlement procedures set out in the C.F.R. pursuant to §2672 to establish proper presentment,” Romulus I, 983 F.

Gavilanes v. Gerber Products Company

District Court, E.D. New York · Nov 1, 2021

, HMO Immune Support.” … ” “2’-FL, HMO Immune Support.”

Reeves v. Bondi

District Court, E.D. New York · Jul 16, 2025

The Court’s obligation “to construe a pro se complaint liberally” continues to apply “[e]ven after Twombly” established the plausibility standard for assessing pleadings. Newsome v. Bogan, 795 F. … in forma pauperis action and dismiss it where it finds 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

Doe v. U.S. Merch. Marine Acad.

307 F. Supp. 3d 121 · District Court, E.D. New York · Apr 20, 2018

The Court *154 finds this more than adequate to alert plaintiff to the charges against him and the type of misconduct that would qualify as a violation of Academy rules. … Cir. 1988) ("Only a substantial infringement of state law prompted by personal or group animus, or a deliberate flouting of the law that trammels significant personal or property rights, qualifies for relief under § 1983.

Antonetti

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

shall be dismissed where the Court determines that the action: “(i) is frivolous or malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … “An action is frivolous if it lacks an arguable basis in law or fact—i.e., where it is ‘based on an indisputably meritless legal theory’ or presents ‘factual contentions [which] are clearly baseless.’” Scanlon v.

Love v. Premier Utility Services, LLC

186 F. Supp. 3d 248 · District Court, E.D. New York · May 13, 2016

Sorema N.A., 534 U.S. 506, 510-11 , 122 S.Ct. 992 , 152 L.Ed.2d 1 (2002) (noting that a plaintiff complaining of discrimination need not plead that he was a member of a protected class; was qualified for the position in question … Application to the Facts of this Case Applying these standards, the Court finds that the complaint in this case clearly states a viable cause of action based on race-based employment discrimination.

Elcock v. United States

80 F. Supp. 2d 70 · District Court, E.D. New York · Jan 26, 2000

Clearly, the German theft offense includes elements not included in any of the American offenses. … Moreover, Article 8 qualifies that the “discharge! ] or punish[ment]” must be “with final and binding effect.”

Villanueva

District Court, E.D. New York · Aug 19, 2026

Indeed, the record of the foreclosure proceeding5 establishes that Plaintiff (through his current counsel) contested that foreclosure as early as 2019, see Not. of Appearance, Wells Fargo Home Mortgage v. … Favorably construed, this allegation is suggestive of a failure to adequately respond to a Qualified Written Request (“QWR”), 12 U.S.C. § 2605(e).

Reeves v. United States Department of Justice

District Court, E.D. New York · Jul 16, 2025

The Court’s obligation “to construe a pro se complaint liberally” continues to apply “[e]ven after Twombly” established the plausibility standard for assessing pleadings. Newsome v. Bogan, 795 F. … in forma pauperis action and dismiss it where it finds 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

United States v. Kupa

976 F. Supp. 2d 417 · District Court, E.D. New York · Oct 9, 2013

Information. to Establish Prior Conviction, Mar. 9, 2009, ECF No. 79. In United States v. … Information to Establish Prior Conviction, DeJohn, 05-CR-347 (N.D.N.Y. August 29, 2005), ECF No. 124.

Skolkin v. Shorefront Operating LLC

District Court, E.D. New York · Jun 4, 2024

Next, the Court must consider whether Gina Skolkin qualifies as a “successor” of the decedent. … His waiver and renunciation is clearly overinclusive, encompassing both a circumstance where there exists a last will and testament or where Mr.

Kittle v. Mavis Discount Tire, Inc.

District Court, E.D. New York · Sep 24, 2025

Second, the Complaint plausibly alleges facts establishing that Kittle was qualified for his position. … (failing to argue that the Complaint does not allege a qualifying adverse action); Edelman v.

State Farm Mut. Auto. Ins. Co. v. Parisien

352 F. Supp. 3d 215 · District Court, E.D. New York · Nov 26, 2018

of the company promptly established. … However, Jayaraj was not about whether wasteful litigation expenses qualified as irreparable harm.

Nestor Cassini v. County of Nassau

District Court, E.D. New York · Aug 12, 2024

Any Excessive Force Claim Against Judge Reilly is Barred by Judicial Immunity “It is well settled that judges generally have absolute immunity from suits … Plaintiffs’ claims are insufficiently pleaded and fail to state a claim; that Plaintiffs’ claims against certain Defendants are barred by the doctrines of sovereign immunity, judicial immunity, quasi-judicial immunity,

DELLAVOLPE v. City of New York

673 F. Supp. 2d 111 · District Court, E.D. New York · Dec 14, 2009

Clearly, someone with limited control of their own consciousness, balance, coordination, and cognitive abilities would face serious limitations in working. Unfortunately for Dellavolpe, Dr. … Johnson Controls World Servs., Inc., 140 F.3d 144 , 154-55 (2d Cir.1998) (holding that any “medically diagnosable impairment” qualifies as a disability under the NYSHRL); Sacay v.

Miller v. Taco Bell Corp.

204 F. Supp. 2d 456 · District Court, E.D. New York · May 15, 2002

A record sufficient to establish an ADA *460 claim, however, must document a disability within the meaning of the ADA. … Thus, even if a plaintiff is not actually substantially limited in a major life activity, a record reflecting such a limitation is sufficient to establish a disability under the ADA.

Schoengood v. Hofgur LLC

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

Plaintiff must also show that defendants received federal funding in order to establish a violation under the RA. Doe v. Pfrommer, 148 F.3d 73, 82 (2d Cir. 1998). … Specifically, defendants argue that plaintiffs have not “identified members of a particular, clearly-defined protected group that are negatively affected by QACC’s neutral policies

Winfield v. Babylon Beauty School of Smithtown Inc.

89 F. Supp. 3d 556 · District Court, E.D. New York · Mar 7, 2015

To qualify for a license, the individual must have “received a minimum of 1,200 hours of training as established by the board, which shall include, but shall not be limited to, the equivalent of completion of services directly … June 1, 2010) (“Moreover, a review of the Freifelder Affidavit reveals that the document is an affidavit of an expert in the area of economics, statistics and actuarial science, clearly an impermissible document for the [

Eric M. Berman, P.C. v. City of New York

895 F. Supp. 2d 453 · District Court, E.D. New York · Sep 29, 2012

,” id., “broadly establishes judicial governance over the conduct of attorneys.” … This is clearly not the law. See Stoneridge Apts., Co. v.