Case law

Ford v. Shalala

87 F. Supp. 2d 163 · District Court, E.D. New York · Sep 29, 1999

Of that number, 4.4 million claimants qualified on the basis of blindness or disability and 2.05 million claimants qualified on the basis of advanced age. (Tr. at 8.) … As the Goldberg Court noted: For qualified recipients, welfare provides the means to obtain essential food, clothing, housing and medical care.

Garafola v. United States Postal Service

District Court, E.D. New York · Sep 30, 2022

The record does not clearly explain what happens to the requesting postal carrier if her request for auxiliary assistance is denied. … In order to establish a prima facie case in a disparate treatment case, a plaintiff must demonstrate that (1) she belongs to a protected class, (2) she was qualified for the job, (3) she suffered adverse employment action

St. Juste v. Metro Plus Health Plan

8 F. Supp. 3d 287 · District Court, E.D. New York · Mar 28, 2014

Prima Facie Case To establish a prima facie case of religious discrimination based on disparate treatment, a plaintiff must show that: “(1) he belonged to a protected class; (2) he was qualified for the position he held; … State Univ. of N.Y., 704 F.Supp.2d 202, 227 (E.D.N.Y.2010) (“It is *323 clearly established that ‘informal complaints to supervisors constitute protected activity under Title VII.’ ” (citations omitted)).

Concepcion v. United States

181 F. Supp. 2d 206 · District Court, E.D. New York · Jan 24, 2002

In this case, the evidence clearly established that Concepcion was “carrying” firearms in connection with the seven kilogram heroin transaction that formed the basis of his March 14, 1989 arrest. … Further, Concepcion contends that the redacted statement by Roberto Aponte “bootstrapped Pomales’ testimony and filled in the gaps in Pomales’ testimony” and was “devastating ... yet immune from cross-examination.”

Runyon v. Clearstar, Inc.

District Court, E.D. New York · May 29, 2025

The Court hereafter refers to the “FOURTH CAUSE Whether the Report qualifies as a “consumer report” under the FCRA is a threshold question of law. Ernst v. Dish Network, LLC, 49 F. … Rather, a plaintiff must establish that the information provided by the consumer reporting agency is open to an interpretation that is directly contradictory to the true information.” Id.

Samet & Wells, Inc. v. Shalom Toy Co., Inc.

429 F. Supp. 895 · District Court, E.D. New York · Apr 1, 1977

The first element depends on establishing substantial similarity between the copyrighted turtle and the accused work and access or non-independent creation by Shalom. See Nimmer, Copyright § 141. 1. … Weber’s corporate office does not cloak him with immunity. Pickwick Music Corp. v. Record Productions, Inc., 292 F.Supp. 39, 41 (S.D.N.Y.1968); Morser v. Bengor Products Co., supra. See Federal Trade Commission v.

Mosquera v. Nassau Health Care Corporation

District Court, E.D. New York · Dec 4, 2019

An action is deemed frivolous when it “lacks an arguable basis in law, or a dispositive defense clearly exists on the face of the complaint.” Livingston v. … Plaintiffs seeking to establish a due process claim based on deliberate indifference must satisfy both a subjective and an objective element.

United States v. Pereira

463 F. Supp. 481 · District Court, E.D. New York · Dec 12, 1978

Yet, even assuming arguendo that the exculpatory no exception was binding upon this Court, Pereira’s response would not qualify for its protection. … Clearly, this is a matter of construction.

M.V.B. Collision, Inc. v. Allstate Insurance

728 F. Supp. 2d 205 · District Court, E.D. New York · Jul 27, 2010

Section 349 Claim To establish Allstate’s liability under § 349, Mid Island must establish that Allstate “has engaged in (1) consumer-oriented conduct that is (2) materially misleading and that (3)[it] suffered injury as … Only the third allegation is not either (1) clearly time barred or (2) inadequately pled. The first two allegations, which occurred in 2005, are time barred.

Williams-Moore v. Quick International Courier, LLC

District Court, E.D. New York · Sep 26, 2023

See, e.g., Sharikov, 2023 WL 2390360, at *9 (dismissing “record of” ADA claim when “[t]here are no facts alleged indicating that being unvaccinated is a disability” nor that a “weakened immune or respiratory system that … And plaintiff’s allegations that Quick stopped paying her, refused to permit her to return work, and ultimately fired her qualify as adverse employment actions. See Lovejoy-Wilson v.

Olson v. Board of Ed. of U. Free Sch. Dist. No. 12, Malverne, NY

250 F. Supp. 1000 · District Court, E.D. New York · Feb 11, 1966

other things, that racial imbalance existed in the Woodfield School but that the educational standards at that school were not below those of the other two elementary schools and that the Board had not been arbitrary in establishing … It is claimed that the complaint does not set forth facts showing (i) any deprivation under color of State law or regulation of any right, privilege or immunity as required by 28 U.S.C.A. § 1343 and 42 U.S.C.A. §§ 1981 ,

Gioia v. SouthEnd Psychiatry

District Court, E.D. New York · Oct 12, 2023

Rowe, 449 U.S. 5, 9 (1980), pro se litigants must establish subject matter jurisdiction. See, e.g., Rene v. Citibank N.A., 32 F. … Second, “the conduct complained of must have deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States.” Id.; see also Snider v.

McCready v. U.S.P.S.

District Court, E.D. New York · May 2, 2025

Sept. 25, 2020) (dismissing ADEA claim against president under Rule 12(b)(1) on the basis that the ADEA statute only waives the federal government’s sovereign immunity with respect to the agency head); Lynk v. … The Complaint does not clearly allege what reasonable accommodations McCready sought for her COPD and asthma.

Reynolds v. The City of New York

District Court, E.D. New York · Aug 8, 2024

Damage to the front-end of Shaw’s car and driver side of the Mazda “clearly indicate[d] [that Shaw] T-boned the other vehicle.” (Id. ¶ 103.) … immunity.

Arthur Williams v. East Meadow Union Free School District, Dr. Kenneth Card, in his individual capacity, and Dr. Patrick Pizzo, in his individual capacity

District Court, E.D. New York · Mar 20, 2026

Garlington is qualified to serve as an expert in clinical psychology, Dr. … Although her report does not clearly explain how she administered the tests (see Garlington Rpt. at 6–7), Dr.

Turano v. BOARD OF ED. OF ISLAND TREES U. FREE SCH.

434 F. Supp. 1063 · District Court, E.D. New York · Jul 15, 1977

Defendant Board of Education of Union Free School District No. 26 is a municipal body established under the Education Law of the State of New York to administer the schools within that School District. 3. … Plaintiff's position here is clearly inconsistent with the position he took before the Commission to gain reinstatement, unless we were to assume that plaintiff is arguing that his heritage was the fact that was damaging

New York Cross Harbor Railroad Terminal Corp. v. Atlantic Mutual Insurance Companies

669 F. Supp. 554 · District Court, E.D. New York · Aug 3, 1987

This provision was qualified by various language, the relevant portions of which are reproduced in Appendix 1 to this memorandum and order. … Paul observed: Settled case law supports the limited contours of liability coverage arising from marine insurance policies which clearly emphasize, as does SP-23, that indemnification extends to the assured only “as owner

Payne v. The People of the State of New York

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

As explained below, Payne argues, inter alia, that he has established that he is actually innocent and, thus, qualifies for exceptions to the in- custody requirement and to AEDPA’s one-year statute of limitations. … Additionally, Payne’s proof of his purported innocence is clearly insufficient to establish that he is actually innocent.

Payne v. McIntosh

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

As explained below, Payne argues, inter alia, that he has established that he is actually innocent and, thus, qualifies for exceptions to the in- custody requirement and to AEDPA’s one-year statute of limitations. … Additionally, Payne’s proof of his purported innocence is clearly insufficient to establish that he is actually innocent.

Payne v. The People of the State of New York

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

As explained below, Payne argues, inter alia, that he has established that he is actually innocent and, thus, qualifies for exceptions to the in- custody requirement and to AEDPA’s one-year statute of limitations. … Additionally, Payne’s proof of his purported innocence is clearly insufficient to establish that he is actually innocent.