Case law

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

Fonar Corp. v. General Electric Co.

902 F. Supp. 330 · District Court, E.D. New York · Sep 30, 1995

Clearly such “proposals” and “musings” fall short of establishing conception. *347 Hattes also explained how he learned of a Texas Instruments microprocessor that could perform arithmetic at a high rate of speed, and how, … Evidence clearly establishes, however, that GE had not reduced MAO to practice in February 1985; in fact, it had yet to begin work on either the device driver or user interface software.

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.

Jones v. New York City Transit Authority

District Court, E.D. New York · Mar 31, 2020

Courts have found similar impairments insufficient to establish an ADA-qualifying disability. See Amador, 2014 WL 5059799, at *15 (“Walking is a major life activity under the ADA. … The parties also dispute whether the plaintiff was qualified for the position.

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. .

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

Winegard v. Newsday LLC

District Court, E.D. New York · Aug 16, 2021

”; and a “service establishment[].” … For these reasons, I conclude that the text of the ADA’s definition of “public accommodation” clearly refers to physical places, and does not include stand-alone websites. D.

Xie v. New York City Department of Education

District Court, E.D. New York · Jan 2, 2020

dismiss sua sponte an in forma pauperis action if the court determines it “(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 … second amended complaint must identify the protected class to which she belongs, if any, state any circumstances that she believes give rise to an inference of discrimination, and any complaints that she made that might qualify

Sidik v. Royal Sovereign Int'l Inc.

348 F. Supp. 3d 206 · District Court, E.D. New York · Dec 21, 2018

The terms contained in the Contract clearly evince an intention to benefit all persons residing at the Residence. … As there is no independent, non-contractual duty that is distinct from those established in the Contract, the Plaintiff's claims against the Moving Defendants are dismissed.

Liberty Mutual Insurance v. Excel Imaging, P.C.

879 F. Supp. 2d 243 · District Court, E.D. New York · Jun 21, 2012

Under New York law, a party commencing an action will be assumed to have waived its right to arbitration when its use of the judicial process is “clearly inconsistent” with seeking arbitration at a later date. Stark v. … See 18 U.S.C. § 1961 (4); see also First Capital Asset Mgmt., Inc., 385 F.3d at 173 (“[A]ny legal entity may qualify as a RICO enterprise.”).

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.

DeFalco v. DeChance

949 F. Supp. 2d 422 · District Court, E.D. New York · Jun 13, 2013

Brookhaven Town Code § 85-166(A) clearly states that “no building or land shall be used and no building shall be erected or structurally altered except in conformity with the provisions of this article.” … However, here, the Plaintiffs fail to establish a “legitimate claim to entitlement to the benefit in question.”

Kristoffersson v. Port Jefferson Union Free School District

District Court, E.D. New York · Sep 18, 2023

immunity. … immunity; (iii) the official capacity claims are duplicative; and (iv) Plaintiff is not entitled to punitive damages.

Shahadi El v. Suffolk County Police Department

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

Moreover, it is well-established that the federal courts do not recognize a claim for deprivation of property if the state courts provide a remedy for the deprivation of that property. … Any Amended Complaint must be clearly labeled “Amended Complaint” and shall bear the same Docket Number as this Order, No. 21-CV-2500(JS)(JMW).

Guerrero v. Constellation Home Care, LLC (NY)

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

Plaintiff was qualified for her role. Id. ¶¶ 11, 96. 1. … This burden is not heavy, as “[it] is enough for the plaintiff to suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.”

Khademi v. AANIKA Biosciences, Inc.

District Court, E.D. New York · Jun 28, 2025

Plaintiff was qualified to perform the essential functions of his job. … Plaintiff alleges that this email “clearly opposed Defendant’s improper employment practices of assigning unreasonable, dangerous and out of duty tasks to him[.]” Id. ¶ 95.

Ash v. Miller

District Court, E.D. New York · Sep 5, 2023

The crux of Petitioner’s argument is that Judge Chun’s conclusion regarding prejudice was “clearly wrong.” Pet. Br. at 34. … Washington, 466 U.S. 668 (1984), qualifies as ‘clearly established law’ for purposes of reviewing ineffective assistance claims under AEDPA.” Peters v. Graham, 13-CV-06222, 2017 WL 2797915, at *2 (W.D.N.Y.

Nojovits v. Ceteris Portfolio Services, LLC

District Court, E.D. New York · Jun 7, 2022

A harm qualifies as “concrete” where it bears “a ‘close relationship’ to a harm ‘traditionally’ recognized as providing a basis for a lawsuit in American courts,” such as “physical and monetary harms, along … In fact, it is not stated anywhere in the Complaint, and the letter itself—which is attached to the Complaint as Exhibit A—clearly states that the interest rate is 0% and nowhere mentions additional fees for delayed payments

Gasparo v. City of New York

16 F. Supp. 2d 198 · District Court, E.D. New York · May 28, 1998

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. … In the instant case, however, the revenue generated by the occupancy charge is not clearly “only incidental to [the] regulatory nature” of the plan. Id.

Roller v. Red Payments L.L.C.

District Court, E.D. New York · Feb 11, 2021

But once more, without any specific 8 Plaintiffs further assert that “a wrongfully obtained right to a debt” can qualify as the requisite “benefit.” DE 79-6 at 16-17. … Fla. 2009), the court at least found that whether a debt balance qualified as a “benefit” was “a factual question that cannot be resolved on a motion to dismiss.” Id. at 1279.