Case law

Liu v. NYS Office of Temporary and Disability Assistance

District Court, E.D. New York · Feb 13, 2023

sponte an in forma pauperis action if the Court determines that 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 … Mar. 28, 2007) (“The APA, which establishes standards governing judicial review of findings made by federal administrative agencies, applies only to federal agencies[.]”); see also New York et al. v.

MacHne Menachem, Inc. v. Hershkop

237 F. Supp. 2d 227 · District Court, E.D. New York · Oct 21, 2002

His examination of Spritzer was clearly aimed, however, at rehabilitating him. … As has been discussed at some length above, each has denied that he resigned his office as a director and the plaintiffs have utterly failed to establish clearly and convincingly that they surrendered their position in the

Busch v. City of New York

224 F.R.D. 81 · District Court, E.D. New York · Sep 9, 2004

In its Rule 50(a) motion, Plaintiff only challenged whether Defendants were entitled to qualified immunity. … Pepper Spray The evidence at trial established that Gravitch was justified in pepper spraying Busch in the stairway.

Williams v. TSU Global Services Inc.

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

for the exception, drivers of mixed fleets clearly fall within the exception, and thus, are entitled to overtime pay under FLSA. … Defendants argue that the subcontract agreement template clearly states that “[Defendants] do not Receive Gratuity”. See Defs’ Mot., Ex. D.

United States v. Swingline, Inc.

371 F. Supp. 37 · District Court, E.D. New York · Jan 17, 1974

The opinion expressed by Swingline’s expert is not that it would have been impossible to sell Speedfast assets in 1970, but that it would have been “very difficult to find a qualified buyer.” … It had been clearly informed that its reports did not show compliance. The Amount of Penalty The amount of penalty depends on the facts of each case.

Thomas v. New York City Department of Education

938 F. Supp. 2d 334 · District Court, E.D. New York · Mar 29, 2013

Rather, Plaintiff quotes to the standard for establishing a prima facie case under the ADEA, id. at 9 (citing Schnabel v. … epithet which engenders offensive feelings in a employee’ ... does not sufficiently affect the conditions of employment to implicate Title VII,” there is no “mathematically precise test” to determine when a work environment qualifies

Barrere v. County of Nassau

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

Feb. 14, 2017) (“Because Plaintiff has not demonstrated that he suffered any constitutional deprivation, this Court does not reach Defendants’ arguments that they are entitled to absolute or qualified immunity.”); Yap v … Supp. 2d 284, 298 (E.D.N.Y. 2004) (“Since, as discussed supra, the Court concludes that no reasonable trier of fact could conclude that constitutional deprivations occurred, the Court does not reach the qualified immunity

Allstate Insurance. v. Lyons

843 F. Supp. 2d 358 · District Court, E.D. New York · Feb 16, 2012

Satinwood, Inc., 385 F.3d 159, 173 (2d Cir.2004) (“[A]ny legal entity may qualify as a RICO enterprise.”). … Such information clearly directs defendants to the specific misrepresentations Allstate is alleging.

Liberty Synergistics, Inc. v. Microflo Ltd.

50 F. Supp. 3d 267 · District Court, E.D. New York · Sep 25, 2014

Feb. 10, 2014) (clearly erroneous standard applies when party reiterates arguments made to the magistrate judge); see also DePrima v. City of New York Dep’t of Educ., No. 12-CV-3626, 2014 WL 1155282 , at *3 (E.D.N.Y. … The court in Smith-Hunter found that a dismissal without prejudice "qualifies as a final, favorable termination” if it reflects “the formal abandon *286 ment of the proceedings by the public prosecutor.”

United States v. Williams

146 F. Supp. 2d 249 · District Court, E.D. New York · May 30, 2001

Williams was being held responsible was quite clearly a quantity which was for distribution and not for personal use. … The testimony of Special Agent Berger who was qualified as an expert and explained that the equipment seized from the Williams apartment is used for processing and packaging crack-cocaine and described how it is used for

In re Visa Check/Mastermoney Antitrust Litigation

192 F.R.D. 68 · District Court, E.D. New York · Feb 22, 2000

The requested injunction is clearly not window dressing. … Individual litigations in such cases would be clearly infeasible, but the courts will not permit class actions unless they can devise a practical means for their litigation. .

Lerner v. Fleet Bank, N.A.

146 F. Supp. 2d 224 · District Court, E.D. New York · May 22, 2001

Furthermore, those who suffered losses at Schick’s hands could “be eligible for reimbursement of qualifying losses, up to a maximum of $100,000 per claim” from the Lawyers’ Fund. … As for the Second Circuit, although it has cautioned that the zone of interests test “may not be substituted for the direct injury test in order to establish standing under RICO,” Laborers Local 17, 191 F.3d at 236 , it has

New York State Restaurant Ass'n v. New York City Department of Health & Mental Hygiene

303 F. Supp. 2d 265 · District Court, E.D. New York · Jan 12, 2004

However, given evidence that the engineer who had recommended demolition was not qualified to make a determination regarding the structural integrity of the roller coaster, making the assessment suspect, the court held that … Moreover, Wantanabe is clearly distinguishable from the instant case, in that Wantanabe concerned intentional action taken against an individual property owner, arguably without any reasonable justification.

McCluskey v. Roberts

District Court, E.D. New York · May 18, 2020

This case is clearly barred by the doctrine of res judicata. First, McCluskey’s 2017 Action was adjudicated on the merits as to all four of the defendants named in that action, including Roberts and Oto. … Non-federal administrative officers enjoy absolute judicial immunity with respect to actions takes in their judicial capacity. See, e.g., Durant v. New York City Hous.

Faughnan v. Big Apple Car Service

828 F. Supp. 155 · District Court, E.D. New York · Jul 20, 1993

A: That appears to be an acceptable method of checking the tightness of an Ace bandage, and I have to qualify that with two statements. … Summary judgment is therefore appropriate against “a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof

Hamilton v. Lee

188 F. Supp. 3d 221 · District Court, E.D. New York · May 26, 2016

He argues that these “failures of foundation ... establish reason to doubt the palmprint _” Id. at 17. … No prejudice is established. First, the newly available evidence is not exculpatory.

Smrcka Ex Rel. Smrcka v. Ambach

555 F. Supp. 1227 · District Court, E.D. New York · Jan 24, 1983

A qualified grant recipient, New York requires each local board of education to establish a COH, the duties of which include recommending to the board and the parent an appropriate educational placement for each handicapped … Here, on the other hand, one private placement — to the Anderson School — clearly was made; the issue is whether either (1) that placement continued after Brian was expelled and put on home *1233 tutoring; or (2) the tutoring

Madanat v. First Data Corp.

282 F.R.D. 304 · District Court, E.D. New York · Jul 16, 2012

Plaintiffs ability to offer a pool of 101,000 thousand potential class members clearly satisfies Rule 23(a)’s numerosity requirement. 2. … To establish adequacy, plaintiff must show that (1) the class representative’s interests are not “antagonistic to the interest of other members of the class,” and (2) that class counsel is “qualified, experienced and able

Sutherland v. Barnhart

322 F. Supp. 2d 282 · District Court, E.D. New York · Jun 23, 2004

According to Social Security Administration regulations, the ALJ must use a five-step sequential analysis to determine whether a claimant qualifies as “disabled.” 20 C.F.R. § 404.1520 (a)(4); see Williams v. … In establishing these findings, the ALJ seemed to wholly discount the testimony of the plaintiffs treating physician, based on the following reasons: Dr.

Benson v. North Shore-Long Island Jewish Health Systems

482 F. Supp. 2d 320 · District Court, E.D. New York · Apr 4, 2007

She claims that she was qualified to perform her position and performed satisfactorily. The Plaintiff was supervised by Judlowitz for more than ten years. … Clearly, the NYSDHR addressed the merits of the Plaintiffs claims and did not administratively dismiss her charge. As such, this Court lacks jurisdiction over the New York State law causes of action.