Case law

Jacobs v. New York Foundling Hospital

483 F. Supp. 2d 251 · District Court, E.D. New York · Apr 16, 2007

Summary Judgment Standard The standard for granting summary judgment is well established. … In sum, Congress clearly chose to include these types of non-profits for a specific reason, and did not include non-profits similar to Foundling.

Uni-Sys., LLC v. U.S. Tennis Ass'n, Inc.

350 F. Supp. 3d 143 · District Court, E.D. New York · Oct 4, 2018

Accordingly, the term 'reverse engineering' is not a talisman that may immunize the theft of trade secrets. … This is a mischaracterization of the holding in Microsoft , which was that software in the abstract does not qualify as a "component" for the purposes of 35 U.S.C. § 271 (f).

Saunders Jr v. The Legal Aid Society

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.

Bumpus v. WARDEN, CLINTON CORRECTIONAL FACILITY

702 F. Supp. 2d 155 · District Court, E.D. New York · Apr 6, 2010

[or] immunity from judicial error....' … The Court finds that the Appellate Division's rejection of them was not contrary to clearly established federal law as determined by the Supreme Court.

Scelza v. Department of Suffolk County Corrections

District Court, E.D. New York · May 2, 2024

LEGAL STANDARDS The Second Circuit has established a two-step procedure wherein the district court first considers whether a plaintiff qualifies for in forma pauperis status, and then … district court is required to dismiss an in forma pauperis complaint if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune

Pooler v. Nassau University Medical Center

848 F. Supp. 2d 332 · District Court, E.D. New York · Mar 23, 2012

In particular, with respect to the failure to exhaust, the uncontroverted evidence in the record establishes that (1) there is a well-established Grievance Procedure in the Inmate Handbook, which plaintiff confirmed he received … To prevail on a claim under Section 1983, a plaintiff must show: (1) the deprivation of any rights, privileges, or immunities secured by the Constitution and its laws; (2) by a person acting under the color of state law.

Paulsen v. PrimeFlight Aviation Services, Inc.

216 F. Supp. 3d 259 · District Court, E.D. New York · Oct 24, 2016

The NLRA’s protections extend to workers who qualify as “employee[s]” under § 2(3) of the Act. 29 U.S.C. § 152 (3). … Furthermore, in both cases, PrimeFlight and Bags employees were not held out as carrier employees; their uniforms clearly identified them as PrimeFlight and Bags, respectively.

Kowalczyk v. United States

936 F. Supp. 1127 · District Court, E.D. New York · Aug 21, 1996

knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, ... all as shown by the testimony of the custodian or otherwise qualified … See, e.g., Tr. 19-20 (addressing Salvatore’s immunity); Tr. 289-91 (addressing his relationship with Kowalezyk); Tr. 292 (specifying that Kowalezyk paid Salvatore in cash).

Aspen Specialty Insurance Company v. Risk Retention Group, INC.

District Court, E.D. New York · Nov 9, 2022

Even assuming arguendo that there are some ambiguities in the underlying complaint on these points, “allegations in a complaint need not clearly bring the complaint within the insurance contract’s indemnity provision to … Relatedly, NCMIC maintains that such a ruling in its favor would also establish that it had no duty to indemnify Krawchuk.

Jimenez v. County of Nassau

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

But even if this qualifies as an improper purpose, plaintiff has not produced any evidence from which a jury could rationally infer that defendants’ objective was in fact to effectuate a cover-up. … At a minimum, under the extraordinary undisputed circumstances here, defendants had arguable probable cause to enter if only to ensure the safety of occupants, and therefore would be entitled to qualified immunity.

Vassel v. Palisades Funding Corp.

District Court, E.D. New York · May 28, 2020

The Court recognizes that whether the officers have qualified immunity should be resolved at the “earliest possible stage in litigation.” Saucier v. … Personal involvement can be established through: 14 (1) actual

Anani v. CVS RX SERVICES, INC.

788 F. Supp. 2d 55 · District Court, E.D. New York · May 23, 2011

In opposition, CVS contends that, as a matter of law, Anani qualified as an exempt employee under the relevant statutes. Therefore CVS seeks summary judgment dismissing Anani’s claims. … An employee may be labeled as hourly in the employer’s books and yet actually qualify as salaried.”); Adams v. Niagara Mohawk Power Corp., No. 02-CV-1353, 2008 WL 4527694 , at *6 (N.D.N.Y.

Hamilton

District Court, E.D. New York · Nov 19, 2025

In Forma Pauperis Upon review of Hamilton’s IFP Motion (IFP Mot.), the Court finds that Hamilton is qualified by his financial status to commence this action without the … Here, the Complaint does not contain sufficient factual allegations to establish the nature of Hamilton’s residence at the Ranch.

Padilla v. Manlapaz

643 F. Supp. 2d 302 · District Court, E.D. New York · Aug 4, 2009

On these facts, Manlapaz was clearly an “employer” under the New York Labor Law. Accordingly, plaintiffs motion for summary judgment is granted in this regard. … However, this is clearly a typographical error.

Panarello

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

Dec. 18, 2008) (“[T]he cases are legion that pro se status does not excuse a failure to follow clearly- enacted rules of court.”) (citing McNeil v. United States, 508 U.S. 106, 113 (1993); LoSacco v. … It is well-established that this immunity extends to alter egos of the State such as SUNY. See Gasparik v. Stony Brook Univ., 296 F. App’x 151 (2d Cir. 2008); Dube v.

State Farm Mutual Automobile Insurance v. Mallela

175 F. Supp. 2d 401 · District Court, E.D. New York · Sep 20, 2001

Education to issue a certificate of authority to practice medicine to any qualified professional service corporation. … In Kuriansky , the State of New York contracted with the defendant to provide home personal care providers who were trained and qualified.

Town of Islip v. Datre

District Court, E.D. New York · Feb 14, 2022

Further, Daytree at Cortland Square financed vehicles for use by Datre Jr. in his non-Daytree at Cortland Square related businesses because he could not qualify for financing on his own. (PI.’s 56.1 § 53.) … Although this doctrine “was first established in the context of concerted petitions for anti-competitive legislation,” Primetime 24 Joint Venture v.

Apollo Fuel Oil v. United States

73 F. Supp. 2d 254 · District Court, E.D. New York · Apr 1, 1999

To qualify as tax-exempt dyed fuel for resale purposes, fuel must be dyed to a concentration of 11.2 milligrams per liter. … Even if Kahn were applicable outside the RICO context, 9 this case is clearly distinguishable.

United States v. Gelb

783 F. Supp. 748 · District Court, E.D. New York · Dec 24, 1991

In addition, this retroactive application is clearly discussed and explained in the legislative history. … In any case, this would clearly be an open question of fact not properly resolved at the summary judgment stage.

P.C. ex rel. K.C. v. Oceanside Union Free School District

818 F. Supp. 2d 516 · District Court, E.D. New York · May 24, 2011

For one thing, that would render redundant one of the statutes; for another, the requirements for establishing emotional disturbance under the IDEA are distinct from those to establish Section 504 coverage. See N.Y. … Petrosky did not know whether the family leader or K.C.’s sponsor were qualified to offer individual therapy. Id., p. 141 citing Tr. 2277. The IHO then found that Dr.