Case law

Burris v. Nassau Cnty.

332 F. Supp. 3d 596 · District Court, E.D. New York · Aug 24, 2018

Burris's claim that the verdict was inconsistent rests entirely on his assumption about what qualifies as sufficiently "extreme and outrageous" as to meet the elements of IIED. … Roman with medical case reports from sources whose reliability was not properly established, see Fed. R.

United States v. Sang

District Court, E.D. New York · Feb 26, 2022

Here, the likelihood of success on the merits is clearly established. … However, such argument is contrary to established Second Circuit precedent and decisions of courts in this Circuit. See Mullins v.

United States v. Gambino

818 F. Supp. 541 · District Court, E.D. New York · Apr 15, 1993

In the defendant’s view, “the government can avoid a finding that it violated the *545 Speedy Trial Act only if it can establish that the time between March and August of 1992 was excludable pursuant to § 3161(h).” … VIII Motion to Suppress January 17, 1986 Conversation Between Gotti and Remini The defendant Thomas Gambino seeks this relief claiming that because he gave immunized testimony before the grand jury concerning this conversation

Orelus v. United States

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

“The doctrine of sovereign immunity is jurisdictional in nature, and therefore to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable waiver.” Makarova v. … “Whether Plaintiff's injuries qualify as a ‘serious injury’ [entitling him to recover non-economic losses] pursuant to New York law is ‘a threshold question for the court to decide.’”

Clark v. The Travelers Companies, Inc.

District Court, E.D. New York · Jan 29, 2020

As stated above, whether a particular witness qualifies as an expert is within the province of the trial judge. See TC Sys., Inc. v. … the owner should put his boat up permanently in some unexposed place and with care for the protection of both the boat and her equipment”); Goodman, 600 F.2d at 1043 (“The district court found, and its finding is not clearly

Next Millennium Realty LLC v. Utility Manufacturing Co., Inc.

District Court, E.D. New York · Sep 20, 2025

United States, 943 F.3d 701, 709 (3d Cir. 2019) (contribution immunity as a result of consent order barred cost recovery action under § 107); Hobart Corp v. … However, the authority cited is not contradictory in that the language cited to in RACER is clearly not exclusionary – a person who voluntarily cleans the site may bring suit, but they are not the only party who may do

Aminov v. Draftkings Inc.

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

According to the Promotion’s terms and conditions, the Promotion had three requirements for a new user to qualify for the $1,000 deposit bonus. (Id. ¶ 33.) … Sept. 26, 2012) (“The standard established by the Inc., No. 10-CV-4676, 2012 WL 764199, at *19 (E.D.N.Y.

Barkley v. United Homes, LLC

848 F. Supp. 2d 248 · District Court, E.D. New York · Jan 27, 2012

Further, these defendants argue that plaintiffs “continue to conflate theories of liabilities with damage,” noting that although “plaintiffs contend they established a ‘variety’ of damages ... they only established one injury … The language of Section 15-108 clearly establishes that a non-settling defendant is entitled to a set-off only when an agreement with a settling defendant is for “the same injury” alleged against the non-settling defendant

Joglo Realties, Inc. v. Seggos

229 F. Supp. 3d 146 · District Court, E.D. New York · Jan 5, 2017

Here, the documents proffered by defendants are clearly part of the record of the state administrative action pending against plaintiffs. Thus, it is proper for the court to take notice of them. … I will consider the administrative complaint only to establish what statements are contained within it—specifically, to ascertain what charges have been brought against plaintiffs.

Katz v. Sullivan

791 F. Supp. 968 · District Court, E.D. New York · Dec 20, 1991

Because this court does not find that the “prior favorable determination ... clearly showed on its face that an error had been made,” the Secretary has failed to establish “good cause” to reopen claimant’s case. … In Rev.Rul. 71-86, 1971- 1 C.B. 285 , the IRS held that the president and sole shareholder, except for qualifying shares, of a closely held corporation who performed substantial services as an officer of the corporation was

United States v. Seafarers International Union of North America

343 F. Supp. 779 · District Court, E.D. New York · May 25, 1972

trial, an obligation arises on the part of the Government to forward to the defendants appropriate pretrial disclosure information. 12 With this in mind, as the minutes of the December 15, 1971 hearing attest, the court established … Clearly, defendant Kerr was the one individual most qualified to testify as to SPAD’s organizational structure and daily operation, and to distinguish the interrelationships among the individual defendants, the union, SPAD

Fernandez v. M & L Milevoi Management, Inc.

357 F. Supp. 2d 644 · District Court, E.D. New York · Mar 7, 2005

Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), Defendants now move to dismiss the complaint arguing that the Court lacks subject matter jurisdiction over the Title VII claim because M & L does not qualify as an “employer … In granting the defendants’ motion to dismiss, the court held, among other things, that Congress did not clearly intend SOX to resuscitate the plaintiffs’ earlier filed, time-barred claims. 295 F.Supp.2d at 312-16 .

Kong v. Dajin Realty Inc.

District Court, E.D. New York · Jan 16, 2024

Before the case was transferred to this Court, Judge Morrison held that the Eleventh Amendment’s sovereign immunity barred Kong’s claims against the Bronx and Queens County Housing Courts. See Kong v. … Moreover, Kong cannot maintain a claim for malicious prosecution of a civil action because she cannot establish that the nonpayment proceedings terminated in her favor. See Colina v. One E.

Roberts v. Bassett

District Court, E.D. New York · Mar 15, 2022

Injury in Fact There are two components to establishing an “injury in fact.” … Traceability Even assuming Plaintiffs could establish an injury in fact, they would need to establish traceability—that there be a “causal con- nection between the injury and the conduct complained of,” which should

New Cingular Wireless PCS, LLC d/b/a AT&T Mobility v. The Village of Oyster Bay Cove, The Zoning Board of Appeals of the Village of Oyster Bay Cove, and The Planning Board of the Village of Oyster Bay Cove

District Court, E.D. New York · Mar 31, 2026

The Board gives no explanation for why those members were qualified to interpret technical propagation studies, nor does it offer evidence rebutting the expert testimony from AT&T’s qualified RF engineers about the service … Given that the “shot clock” has clearly expired, the record is fully developed, and effective prohibition has been established, the Court finds that further review by the Planning Board “would serve no useful purpose and

Fischer v. International Telephone & Telegraph Corp.

78 F.R.D. 237 · District Court, E.D. New York · Mar 7, 1978

In this Court’s view it was both prudent and necessary for class counsel to retain the assistance of a qualified expert for consulting and other purposes in connection with his preparation for trial and with a view towards … This Court notes however that these affidavits, depositions, and testimony are clearly not conclusive proof.

L. Toolasprashad v. R. Toolasprashad

District Court, E.D. New York · Oct 25, 2021

Plaintiff has failed to establish that this Court has jurisdiction to hear his case. … “The public and the press have a ‘qualified First Amendment right to . . . access certain judicial documents.’” Lugosch v.

In re Metlife Demutualization Litigation

229 F.R.D. 369 · District Court, E.D. New York · Jul 19, 2005

City of N.Y., 198 F.R.D. 409, 414 (S.D.N.Y.2001) (holding that “the class must be sufficiently definite” and “clearly defined.”). … Concerning its Rule 10b-5 claim, Plaintiffs rely on the rebuttable presumption established by the U.S. Supreme Court in Affiliated Ute Citizens v.

Moussa v. Sullivan

District Court, E.D. New York · Oct 25, 2022

Nevertheless, I must dismiss an in forma pauperis action if 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 … Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998) (internal quotation marks omitted) (An action is frivolous when “the factual contentions are clearly baseless, such as when allegations are the product of delusion

Lowy v. Bay Terrace Cooperative, Section VIII, Inc.

698 F. Supp. 1058 · District Court, E.D. New York · Jun 16, 1988

National Housing Act Next, defendant argues that it is immune from the Fe Bland holding and Section 501(c) because Bay Terrace is a Federal Housing Administration cooperative formed pursuant to Section 213 of the National … The first clause, up to the word “purpose,” is clearly meant to proscribe non-residential uses. Use of the word “shall” in this context cannot be construed to impose a requirement of occupancy.