Case law

Butler v. Suffolk County

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

In the context of a pre- trial in limine ruling, challenged evidence “should only be precluded when it is ‘clearly inadmissible on all possible grounds … Pursuant to FRE 609(a)(2), since the length of punishment is irrelevant, if the County can establish the proffered misdemeanor establishes the elements of a dishonest act or a false statement, it

Josie v. The City of New York

District Court, E.D. New York · Jun 1, 2023

To prevail on a claim under Section 1983, a plaintiff must show: (1) the deprivation of any rights, privileges, or immunities secured by the Constitution and its laws; (2) by a person acting under the color of state law … “It is well established that a warrantless search is ‘per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated 3 Plaintiff does not allege facts characterizing

Castronuova v. Meta Platforms, Inc.

District Court, E.D. New York · Apr 15, 2024

Therefore, Plaintiff’s claims are clearly related to her “use of” a Meta product—Facebook— and to the X Corp./Twitter “services.” … District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Meszaros v. United States

201 F. Supp. 3d 251 · District Court, E.D. New York · Aug 15, 2016

Both Brissenden and AUSA Bode’s notes from the meeting clearly indicate that these topics were addressed. (See id.) … The Court does not credit his assertion that he would have accepted the government’s plea offers and, therefore, concludes that .he has failed to establish prejudice.

Valles Rubio v. Veintimilla Castro

District Court, E.D. New York · Oct 15, 2019

The court qualified Dr. … Here, as discussed below, petitioner has clearly met his burden of establishing a prima facie case, of wrongful removal or retention under the Hague Convention.

Maloney v. Singas

351 F. Supp. 3d 222 · District Court, E.D. New York · Dec 14, 2018

This definition clearly applies to nunchaku. The Court rejects Defendant's argument that Section 265.01(1) is entitled to a presumption of constitutionality because it has existed for 44 years. (Dkt. 206, at 1 & n.1.) … The Supreme Court in Heller did not set out a test for determining what qualifies as "longstanding," id. , and courts have found the definition of a "longstanding prohibition" to be "far from clear." United States v.

Irish v. Tropical Emerald LLC

District Court, E.D. New York · Mar 30, 2024

The plaintiff bears the initial burden of production to establish that an alteration occurred. … facially, do not clearly exceed its benefits.’” Roberts, 542 F.3d at 373 (quoting Borkowski v. Valley Cent. Sch. Dist., 63 F.3d 131, 138 (2d Cir. 1995)).

County of Suffolk v. Long Island Lighting Co.

710 F. Supp. 1428 · District Court, E.D. New York · Apr 14, 1989

The Risks of Establishing Liability. … It clearly signaled this decision when it conditioned a temporary increase in rates on the requirement that Shoreham not be operated.

Brulinski v. Chateau GC, LLC

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

The contracts clearly identify the projects as federally funded. Id. The defendants have also attached a supplemental agreement stating that the Davis-Bacon Act applies to the NYCHA Section 8 housing contracts. … The Declaratory Judgment Act (“DJA”) “created an opportunity, rather than a duty, to grant [declaratory] relief to qualifying litigants.” Wilton v.

7951 Albion LLC v. Clear Blue Specialty Insurance Company

District Court, E.D. New York · Jul 9, 2021

“The insured has the initial burden of . . . establish[ing] coverage where it would not otherwise exist. Once coverage is established, the insurer bears the burden of proving that an exclusion applies.” Consol. … Mem. at 6 (“[T]he allegations [in the Underlying Action] clearly satisfy the ‘bodily injury’ prong of Coverage A”); id.

Du v. Party Perfect Rentals LLC

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

A “defendant’s negligence qualifies as a proximate cause where it is a substantial cause of the events which produced the injury.” Dooley, 83 F.4th at 162 (citing Mazella v. … See Scott, 550 U.S. at 380 (holding that the lower court should have adopted the version of events depicted in the videotape evidence, and not the version presented by Harris, where the video clearly contradicted Harris

Zaki v. OTG Management LLC

District Court, E.D. New York · Sep 15, 2025

However, “even a pro se party’s objections to [an R&R] must be specific and clearly aimed at particular findings in the magistrate’s proposal.” … Judge Kuo made no error in finding that plaintiff does not qualify for equitable tolling.

Orrego v. Knipfing

District Court, E.D. New York · Sep 30, 2021

Plaintiff affirmatively alleges that she was provided such notice by defendants and attached her termination letter which clearly establishes that defendants met this requirement. … To establish a prima facie case of discriminatory discharge, “a plaintiff must show that (1)[s]he is a member of a protected class; (2)[s]he was qualified for the position [s]he held; (3)[s]he suffered an adverse employment

Wall v. State of New York

District Court, E.D. New York · Sep 13, 2024

established Federal law," Harrington, 562 U.S. at 98. … We accord the state court's decision "substantial deference," Fischer, 780 F.3d at 560, and will only grant habeas relief if the decision was "contrary to, or involved an unreasonable application of, clearly established

Wilson v. New York and Presbyterian Hospital

District Court, E.D. New York · Jul 15, 2021

On July 8, 2021, Wilson filed a letter in opposition to defendant’s motion, arguing that the Court had clearly not intended to enter judgment, and to do so now would be “highly prejudicial.” … An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.” Id.

A.W.S. v. Southampton Union Free School District

District Court, E.D. New York · Mar 10, 2023

futile when (i) plaintiffs challenge ‘system-wide violation[s] of the IDEA’s mandates or [ ] a district-wide policy of discrimination,’ or (ii) defendants ‘failed to implement services that were specified or otherwise clearly … (Counts I and II for failure to warn and provide adequate instruction); (Count III for failure to hire, train, and supervise qualified and competent staff); (Count IV for failure to provide prompt and appropriate post-injury

Lifchits v. Key 4U Transporation Corp. Bus

District Court, E.D. New York · Sep 20, 2024

This is clearly sufficient to meet defendant’s threshold burden. … Supp. 3d 50, 64 (E.D.N.Y. 2023) (same); Mason, 2022 WL 17489206, at *4 (denying motion for summary judgment where “there are clearly questions of fact regarding how the Accident occurred”).

Brown v. City University of New York

District Court, E.D. New York · Feb 27, 2025

The Court also dismissed Plaintiff’s state and local law claims as withdrawn, or to the extent that they were not withdrawn, as barred based on state sovereign immunity. (Id.) … To make out a prima facie case of discrimination at this stage of the litigation, a plaintiff must raise a genuine question of material fact “by showing that: ‘(1) she is a member of a protected class; (2) she is qualified

Abodalo v. Lilley

District Court, E.D. New York · Mar 21, 2025

decision applied clearly established federal law erroneously or incorrectly. … “‘Clearly established Federal law’ means ‘the holdings, as opposed to the dicta, of [the Supreme] Court's decisions as of the time of the relevant state- court decision.’” Green v.

Travco Insurance Company v. Dinerman

District Court, E.D. New York · Mar 29, 2021

Dinerman’s “negligence is clearly established” by evidence that she turned on all four burners, left them unattended, and placed the cooktop too close to the Masonite wallboard. (Id. at ¶¶ 51–53.) … A defendant’s negligence “qualifies as a proximate cause where it is a substantial cause of the events which produced the injury.” Ferreira v.