Case law

Securities and Exchange Commission v. GPB Capital Holdings, LLC

District Court, E.D. New York · Apr 8, 2025

Nov. 16, 2012) (denying intervention because the proposed intervenors had “not established why intervention is the only appropriate method” where receiver had established an “open process” for claimants to object to receiver … a “clearly articulated right to the [e]scrow [a]mount based on the occurrence of express contractual conditions,” (id.)

Musto v. Transport Workers Union of America

818 F. Supp. 2d 621 · District Court, E.D. New York · Aug 25, 2011

Plaintiffs are all former Utility Men who admittedly did not qualify to be placed in the Title II Plant Maintenance Man classification. … other classification, where qualified.”

The Travelers Indemnity Company v. Admiral Insurance Company

District Court, E.D. New York · Sep 19, 2024

The references themselves do not describe the substance of any specific insurance requirements to which 4 Cut agrees to be bound or clearly refer to any specific language in the Prime Contract. … Section 4.15 does not refer to or describe any “assign” of LI Lighting at all, let alone establish that PSEG is an assign of LI Lighting. (See Operations Services Agreement § 4.15, ECF No. 28-19 at 47.)

Ocilla Industries, Inc. v. Katz

677 F. Supp. 1291 · District Court, E.D. New York · Nov 2, 1987

The practical effect of this provision is to entitle Katz and Esposito to severance payments of at least $375,000 each if there is a change in control. 3 Pursuant to the agreements, any of three circumstances qualify as a … Hussmann Food Service Corp., supra, (conclusory statement as to opinion of plaintiff’s customers insufficient to establish irreparable harm); Holland America Ins. Co. v.

Freeman v. Marine Midland Bank-New York

419 F. Supp. 440 · District Court, E.D. New York · Jul 30, 1976

This rule is clearly appropriate, given the nature of summary judgment. … Defendant contends that even if the plaintiff prevailed in establishing a Regulation U violation, he would not be entitled to a cancellation of his debt.

United States v. Khan

540 F. Supp. 2d 344 · District Court, E.D. New York · Jun 28, 2007

To appropriately exhaust administrative remedies, an inmate must follow a multi-level grievance procedure established by the Bureau of Prison’s Administrative Remedy Program. … Accordingly, unless Defendant qualifies for an exemption or exception from the exhaustion requirement, the court must dismiss this action. B.

United States v. Alfano

34 F. Supp. 2d 827 · District Court, E.D. New York · Jan 25, 1999

There is no dispute that the property was so conveyed and the first element is established. … Digiulio, No. 95-CV-219S, 1997 WL 834820 , at *11 (W.D.N.Y.1997) (denying fraudulent conveyance claim because evidence did not convince the court that the transfer qualified as an “exception to the well-established rule that

Hamaya v. McElroy

797 F. Supp. 186 · District Court, E.D. New York · Jul 2, 1992

More importantly, the Court then proceeded to a discussion of Plasencia’s entitlement to due process, noting at the outset that Kwong Hai Chew established clearly that a resident alien returning from a brief trip has a right … It would deprive the regulation of all meaning, creating an administrative Catch-22 in which no release could ever qualify as “strictly in the public interest.” 8 As above, requiring a hearing will have the beneficial result

Carew v. Morton

District Court, E.D. New York · Nov 29, 2023

A state court decision is “contrary to” clearly established federal law only if “the state court reached a conclusion of law that directly contradicts a holding of the Supreme Court” or, “when presented with facts that … “To qualify as an adequate procedural ground, capable of barring federal habeas review, a state rule must be firmly established and regularly followed.” Johnson v. Lee, 578 U.S. 605, 608 (2016).

Baptichon v. United States Department of Education

District Court, E.D. New York · Nov 9, 2020

court shall dismiss an IFP action where it is satisfied that the 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 … Plaintiff’s show-cause response fails to establish that he has satisfied the FTCA’s exhaustion requirements with respect to any of his four claims.

Chiquita Fresh North America, LLC v. Fierman Produce Exchange Inc.

198 F. Supp. 3d 171 · District Court, E.D. New York · Jul 28, 2016

As the Second Circuit explained in Albee Tomato: To qualify as a bona fide purchaser, the transferee must take the property for value and without notice of breach of trust. … Applying this reasoning here, the Non-Debtor Defendants assert that because “the evidence clearly established that the mortgage on the 596 Merrick Property was paid off by 1995 and the Plaintiffs’ PACA claims do not arise

Rimpel v. Advantagecare Physicians, P.C.

District Court, E.D. New York · Sep 14, 2020

“To establish a prima facie case, a plaintiff with an age discrimination claim must show (1) that she was within the protected age group, (2) that she was qualified for the po- sition, (3) that she experienced adverse employment … The par- ties do not dispute that Plaintiff was qualified to work as a general surgeon, or that Defendant’s termination of Plaintiff’s contract consti- tuted an adverse employment action.

Greenwald v. Pocmont Properties LLC

District Court, E.D. New York · Jun 18, 2024

of permissible decisions, even if it is not necessarily the product of a legal error or a clearly erroneous factual finding.” … In the absence of an ownership interest or creditor relationship, appellants have not shown a pecuniary interest in the outcome of the bankruptcy proceeding sufficient to establish that they were parties in interest.

Monaco v. Stone

187 F.R.D. 50 · District Court, E.D. New York · Mar 12, 1999

Plaintiffs proposed class of over three hundred individuals thus clearly satisfies the nu-merosity requirement. See Goetz v. … The plaintiffs attorney must be “qualified, experienced and generally able to conduct the proposed litigation.” Eisen v. Carlisle & Jacquelin, 391 F.2d 555, 562 (2d Cir.1968).

McClain v. Rochdale Village

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

As discussed above, the AAA’s rules establish such a waiver. Plaintiff’s reliance on Jackson v. … While the Court struggles to understand why Defendants waited so long to pursue arbitration, this alone does not establish waiver. See, Rush v.

Harper v. Bowens

District Court, E.D. New York · Dec 11, 2024

. § 50-k or case law compels a ruling that Article 78 provides the exclusive method for City employees to establish a claim for representation . . . or to contest the Corporation Counsel’s rejection of a demand for such … “for such legal representation, indemnification and the defense of qualified immunity”; and requested that the City’s counsel represent him or, alternatively, that he be provided thirty days to obtain counsel.

Rubin v. Lamanna

District Court, E.D. New York · Aug 5, 2019

CV 98- applications of clearly established federal 4569 (RR), 2001 WL 1776159, at *6 law. On the contrary, the trial court properly (E.D.N.Y. … established federal law.

Ibrahim

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

Tarek makes other claims as well that are less clearly related to his wage and hour grievances. … To qualify as a “protected complaint,” the complaint in question must be “sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of rights protected

Jones-Khan v. Westbury Board Of Education-Pless Dickerson

District Court, E.D. New York · Jan 31, 2022

Judge Seybert dismissed Plaintiff’s discrimination claims brought pursuant to Title VII and the ADEA because Plaintiff did not establish that she was qualified for her position and because her termination did not occur … This prong is clearly met as Plaintiff brought both actions and is the party against who res judicata is invoked.

Federal National Mortgage Association v. 204 Ellery St., LLC

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

Importantly, “objections must be specific and clearly aimed at particular findings in the magistrate judge’s proposal.” N.Y.C. Dist. Council of Carpenters v. Allied Design & Constr., LLC, 335 F. … But this is an encore performance for this argument that does not qualify as a valid objection since defendants made the very same argument in their opposition papers, Defs.’ Opp’n Mot.