Case law

Portnoy

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

“The substantial evidence standard is a very deferential standard of review—even more so than the clearly erroneous standard.” Schillo v. Kijakazi, 31 F.4th 64, 74 (2d Cir. 2022). … Flach’s report as being one of the formal assessments that “more or less agree that [Plaintiff] has had some mental limitations not clearly inconsistent with the [RFC]”); id. at 453–54 (citing Dr.

Morangelli v. Chemed Corp.

275 F.R.D. 99 · District Court, E.D. New York · Jun 16, 2011

Certain events qualify for reversals in some branches but not others, defendants explain, and the process for authorizing them differs among the branches. … The authority relied on by defendants is therefore clearly distinguishable. See Barrus, 732 F.Supp.2d 243, 252 (off-the-clock claims would require proving different elements under the different laws); Tyler v.

Hoy v. INCORPORATED VILLAGE OF BAYVILLE

765 F. Supp. 2d 158 · District Court, E.D. New York · Feb 25, 2011

Second, with respect to Kress , the nature of the covenants and the circumstances in that case are clearly distinguishable from the instant case. … . § 1983 . 14 “Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.”

United States v. Wilson

493 F. Supp. 2d 491 · District Court, E.D. New York · Jan 9, 2007

Indeed, the plain text of the statute clearly encompasses such a defendant. … It clearly did.

Boykin ex rel. Estate of Phillips v. 1 Prospect Park ALF, LLC

993 F. Supp. 2d 264 · District Court, E.D. New York · Jan 23, 2014

The federal offenses of mail fraud and wire fraud—alleged to have been committed by defendants in this case—are considered predicate offenses that qualify as “racketeering activity.” 18 U.S.C. § 1961 (1). … Section 1983/FNHRA Section 1983 provides a civil remedy for persons who, “under color of [State law],” have suffered a “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C.

Giannakoulis

District Court, E.D. New York · Jul 22, 2026

Thus, once the mandate went into effect and the plaintiff did not get the vaccine, she was no longer qualified for her position. See Brown v. S. Shore Univ. Hosp., 762 F. … Conversely, the defendants describe it as an “appeal hearing” “consistent with the process established in the Arbitration Award.” (ECF No. 18-1 at 14.)

Gu v. Police Officer Michael Sher

District Court, E.D. New York · Sep 20, 2024

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 … A party seeking injunctive relief must establish, among other things, some likelihood of success on the merits.

Spread Enterprises, Inc. v. First Data Merchant Services Corp.

298 F.R.D. 54 · District Court, E.D. New York · Feb 22, 2014

In order to satisfy Rule 23(a)(4), a “plaintiff[ ] first must demonstrate that class counsel is qualified, experienced, and generally able to conduct the litigation.” Id. … As the Plaintiff has not done so here, the Plaintiff has not established the necessary element of numerosity. 2.

Coggins v. County of Nassau

615 F. Supp. 2d 11 · District Court, E.D. New York · Jan 5, 2009

Buonora claims that Vara was granted transactional immunity in exchange for his testimony in the grand jury proceedings considering perjury charges against Buonora. … However, unlike the attorney in Death, there is no indication that the County Attorney has clearly shown disparate treatment toward Buonora. See Death v.

Joe v. FDNY

District Court, E.D. New York · Aug 15, 2024

an in forma pauperis 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 … Plaintiff is granted until September 14, 2024 to file an Amended Complaint to set forth facts sufficient to establish compliance with (or toll) the statute of limitations.

In Re the Tax Indebtedness of Coppola

810 F. Supp. 429 · District Court, E.D. New York · Sep 22, 1992

An omission is deemed “reckless” for this analysis if the omitted facts were “ ‘clearly critical’ ” to the probable cause determination. Rivera, 928 F.2d at 604 (quoting DeLoach v. … The Internal Revenue Code contains an explicit waiver of sovereign immunity so that third-party lien holders, like Barclays, may have their rights vis-a-vis the IRS adjudicated. See 26 U.S.C. § 7426 .

Padberg v. McGrath-McKechnie

108 F. Supp. 2d 177 · District Court, E.D. New York · Aug 14, 2000

The only question is whether TLC deprived Padberg of “any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983 . … In light of these provisions, Pad-berg has clearly failed to establish a “likelihood of success” with respect to his argument that TLC may only revoke a taxicab driver’s license for a third service refusal.

Lodge v. UNITED HOMES, LLC

787 F. Supp. 2d 247 · District Court, E.D. New York · May 5, 2011

Wachovia and BLS asserted that “Wachovia is the holder of a mortgage as an assignee thereof,” that “Wachovia is a holder of the [Lodge] mortgage in due course,” and that “by holding the note and mortgage in issue, Wachovia qualifies … These requests clearly encompass the re-securitization documents belatedly produced on or after January 13, 2011.

Palmer v. The City of New York

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

Officer Ramos also argues that he is entitled to dismissal of the false-arrest claims based on qualified immunity. … Qualified immunity protects government officials from damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Rosato v. Barnhart

352 F. Supp. 2d 386 · District Court, E.D. New York · Jan 22, 2005

To qualify for disability benefits under the Act, a plaintiff must establish her “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment ... which has … Ru-more diagnosed Rosato with intermittent neurological symptoms and possibly and auto-immune disorder. This diagnosis conforms with the reports of Dr. Capello and Dr. Pilaster.

Martin v. United States

834 F. Supp. 2d 115 · District Court, E.D. New York · Nov 9, 2011

A state drug offense punishable by imprisonment for more than one year qualifies as a “felony drug offense” whether or not it is classified as a felony or a misdemeanor under state law. Burgess v. … If a hearing is held, “the judge must appoint an attorney to represent a moving party who qualifies to have counsel appointed.” Rules Governing Section 2255 Proceedings 8(c).

Moss v. BMO Harris Bank, N.A.

258 F. Supp. 3d 289 · District Court, E.D. New York · Jul 7, 2017

“For RICO purposes, simply establishing the' presence of an enterprise is not enough. … The SAC clearly rebuts defendant’s second contention because it states that defendant “derived a benefit through the receipt of fees for [its] origination of debit entries on the ACH Network initiated by SFS ... and withdrawn.from

Gentile v. County of Suffolk

129 F.R.D. 435 · District Court, E.D. New York · Feb 15, 1990

The Commission clearly possessed the expertise and special skills required to conduct the investigation. … In effect, the Commission as a whole qualified as an expert under Rules 702 and 703 of the Federal Rules of Evidence.

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

836 F. Supp. 95 · District Court, E.D. New York · Oct 22, 1993

Sinai could hire the individuals it thought were best qualified for the positions. While Mt. … This Court notes, however, that the claims brought by the additional parties, clearly lack merit.

City of New York v. Beretta U.S.A. Corp.

222 F.R.D. 51 · District Court, E.D. New York · May 19, 2004

[Plaintiff] relies upon [BATF] data establishing that a high proportion of defendants’ guns were the subject of crime-gun traces.” Id. at 23 . … Thus, the law enforcement privilege is a qualified, rather than absolute, privilege. See id. at 74 .