Case law

Del Turco v. Speedwell Design

623 F. Supp. 2d 319 · District Court, E.D. New York · Mar 31, 2009

cannot discern, based on the record before it, which of the funds in the auditor’s report were not pursuant to a written agreement, whether such agreement is a collective bargaining agreement, remittance report, or other qualifying … The court finds that the audit does not establish undisputed facts as to the contributions owed to the Funds.

Tummino v. Hamburg

936 F. Supp. 2d 162 · District Court, E.D. New York · Apr 5, 2013

Nevertheless, even if it had such authority, *184 it clearly deviated from the policy here. … Nevertheless, as observed earlier, the two were clearly linked together for two reasons.

Jamaica Ash & Rubbish Removal Co. v. Ferguson

85 F. Supp. 2d 174 · District Court, E.D. New York · Feb 29, 2000

The 1984 indictment against Fazzini was dismissed because he inadvertently had been immunized by appearing before a Nassau County grand jury. Id. … Rather, Plaintiffs instead seek to link distinct parts of the TWC’s licensing process, parts that clearly are spatially and temporally unrelated.

Gil Moreno v. Capital Concrete NY Inc.

District Court, E.D. New York · Sep 5, 2025

A court “possesses significant discretion” in granting a motion for default judgment, “including [determining] whether the grounds for default ate clearly established ....” Kéderis ». … This is sufficient to establish that it had “immediate control” over Plaintiff, and therefore, that it qualifies as Plaintiffs joint employer. See Vit#, 758 F. App’x at 156.

In re Prudence Bonds Corp.

57 F. Supp. 839 · District Court, E.D. New York · Mar 9, 1944

Upon the approval of the Debtor’s petition for reorganization, the Reorganization Trustees were duly appointed and qualified. After qualifying, they proceeded to marshal all the assets and debts of the Debtor. … Kelsey duly qualified as trustees of the Debtor and have ever since been and now are acting in that capacity. 18.

Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.

113 F. Supp. 2d 345 · District Court, E.D. New York · Sep 19, 2000

Reliance can be established in one of two ways. … The Labeling Act does not immunize Tobacco from obligations it has accepted on its own initiative regarding the disclosure of “smoking and health” information, only those specifically imposed by state law.

Smith v. US Bank National Association Mastr Asset Securities Trust 2006-WMC2

District Court, E.D. New York · Jul 22, 2022

. § 1915(e)(2)(B), a district court must dismiss an IFP action if the complaint “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 … The plaintiff bears the burden of establishing either type of subject matter jurisdiction. Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000).

United States v. City of New York

847 F. Supp. 2d 395 · District Court, E.D. New York · Mar 8, 2012

of the relevant eligible list: the relevant eligible list for Exam 7029 was established on November 15, 2000; and the relevant eligible list for Exam 2043 was established on May 5, 2004; (e) Had not been convicted of a felony … as of four years after the date of the establishment of the relevant eligible *431 list: the relevant eligible list for Exam 7029 was established on November 15, 2000; and the relevant eligible list for Exam 2043 was established

Boyce v. Cycle Spectrum, Inc.

148 F. Supp. 3d 256 · District Court, E.D. New York · Dec 8, 2015

At the other end of the spectrum are cases in which the defendant clearly does business over the Internet, such as where it repeatedly transmits computer files to customers in other states.... … Although it seems unfair that a company that exploits the United States’ marketplace generally at the national level should be effectively immune from suit in this country for injuries caused by its products, the Supreme

AMW Materials Testing, Inc. v. Town of Babylon

348 F. Supp. 2d 4 · District Court, E.D. New York · Dec 20, 2004

Based upon the storage of these hazardous substances alone, the site was clearly within the definition of a “facility” in CERCLA before the fire started. b. … “To qualify for that defense, a defendant must establish, inter alia, that it acquired the site ‘after the disposal’ of hazardous chemicals.” ABB Indus. Systems, Inc. v.

Rite Aid Corp. v. American Express Travel Related Services Co.

708 F. Supp. 2d 257 · District Court, E.D. New York · Mar 3, 2010

There is a split of authority on how uncertain damages must be to qualify for this exception. … The former denotes failure to establish an injury, while the latter denotes imprecision with regard to the scope or extent of the injury.

Holcombe v. US Airways Group, Inc.

976 F. Supp. 2d 326 · District Court, E.D. New York · Sep 30, 2013

Airways had unjustifiably failed to select Plaintiff for jobs for which she was qualified in violation of the ADA. Id. … To establish a prima facie case of unlawful discrimination, Plaintiff must demonstrate that “she applied for an available position for which she was qualified, but was rejected under circumstances which give rise to an inference

United States v. The Town of Oyster Bay

District Court, E.D. New York · Sep 27, 2022

Yet the Town’s position remained opaque and conditional, with qualifiers like this: The parties and the Court cannot anticipate today everything that might happen at trial or how … Thus, compelling the depositions of the current Town Officials was not clearly erroneous or contrary to law.

Goodloe v. City of New York

136 F. Supp. 3d 283 · District Court, E.D. New York · Sep 28, 2015

The Law-Enforcement Privilege Is A Qualified Privilege,. … That is because the law-enforcement privilege is a qualified privilege. See Roviaro, 353 U.S. at 60 , 77 S.Ct. 623 .

Dorman v. Forster & Garbus, LLP

District Court, E.D. New York · Aug 12, 2020

“The moving party bears the burden of establishing the absence of any genuine issue of material fact.” Zalaski v. City of Bridgeport Police Dep't, 613 F.3d 336, 340 (2d Cir. 2010). … The Court’s holding provided that accurate use of the safe harbor language would immunize the debt collector “to liability under Section 1692e” without limitation to a particular subsection.

Gahfi v. City of New York

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

To establish a prima facie case of employment discrimination under Title VII, a plaintiff must ultimately prove that “(1) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered an … This “standard is higher than the standard for establishing a hostile work environment.” Fincher v.

Schwamborn v. United States

507 F. Supp. 2d 229 · District Court, E.D. New York · Sep 5, 2007

Schwamborn has therefore failed to establish even an arguable claim of actual innocence. … Schwamborn has not challenged any of the factual allegations underlying his conviction, but only raises the question of whether his participation in the Delinee check scheme qualifies as a valid predicate act for purposes

Wilchfort v. Knight

307 F. Supp. 3d 64 · District Court, E.D. New York · Mar 30, 2018

Defendants cannot be said to have acted in bad faith for failing to establish procedures for an obligation that does not exist. 23 Wenzel , 2015 WL 3466863 , at *7. … In addition, paragraph 48, on which Defendant BRE relies, qualifies the list therein as non-exhaustive through the term "include[s]." ( Id. ¶ 49.)

United States v. Hausa

232 F. Supp. 3d 257 · District Court, E.D. New York · Jan 12, 2017

Concern for national security undoubtedly qualifies as good cause. Cf. Haig v. … Because the Court has already established that the limitations on defendant’s ability to consult with counsel are legitimate, this claim is also rejected.

Powell v. New York State Department of Education

District Court, E.D. New York · Mar 28, 2022

To the contrary, the fact that the NYSED is not a person within the meaning of Section 1983 and the fact that NYSED has sovereign immunity are well-established. See, e.g., Berkowitz ex rel. Berkowitz v. N.Y.C. … Accordingly, plaintiff has not established good cause for his failure to properly serve defendants. 2.