Case law

Golden Bridge LLC v. DGS18 Realty LLC

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

“The appointment of a receiver is considered an extraordinary remedy that should be employed with great caution and granted only where such relief is clearly necessary to protect a plaintiffs inter- ests in the relevant … The court finds that Douglas Rosenberg is well qualified to serve as receiver. IV.

Valdez v. Michpat & Fam, LLC

District Court, E.D. New York · Mar 30, 2022

In short, their claims involve “the same type of injury under the same legal theory as the rest of the Rule 23 Plaintiffs,” which is enough to establish typicality. (ECF No. 53 at 23); see also Shahriar v. … The adequacy prong also requires courts to ensure that “class counsel is qualified, experienced, and generally able to conduct the litigation.”

Fowler-Washington v. The City of New York

District Court, E.D. New York · Mar 7, 2023

Supp. 2d 504, 521 (S.D.N.Y. 2013) (denying New York qualified immunity to defendants on summary judgment where they allegedly deliberately fabricated evidence against plaintiff to have probable … Apr. 21, 2017) (“Because a malicious prosecution claim brought under § 1983 is grounded in the Fourth Amendment . . . the plaintiff must also establish . . .

Rocco v. Long Island Railroad

411 F. Supp. 2d 185 · District Court, E.D. New York · Jan 23, 2006

He felt that there must be “a sufficient trauma” to qualify for such a diagnosis, but that nothing in the documents or in Mr. … DISCUSSION Plaintiff moves to set aside the jury's verdict in favor of the LIRR and order a new trial on the grounds that the facts adduced at trial clearly established that the plaintiff suffered injury as a result of the

Sweeney v. Barnhart

472 F. Supp. 2d 336 · District Court, E.D. New York · Jan 18, 2007

Analytical Framework To qualify for disability benefits under 42 U.S.C. § 423 (d)(1)(A) a plaintiff must establish his “inability to engage in any substantial gainful activity by reason of any medically determinable physical … Accordingly, the Court finds that the findings, determinations, and conclusion of the ALJ at the hearing were clearly supported by substantial evidence in the record. III.

Hatteras Enterprises Inc v. Forsythe Cosmetic Group Ltd

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

“Whenever the Licensed Trademark is used in advertising or in any other manner, Licensee shall clearly identify Licensor as the trademark owner to the extent practicable.” Section 5(b). … However, “an exculpatory clause is unenforceable when, in contravention of acceptable notions of morality, the misconduct for which it would grant immunity smacks of intentional wrongdoing.

Handal v. Tenet Fintech Group Inc.

District Court, E.D. New York · Sep 25, 2023

purposes of establishing reliance via fraud-on-the-market. … Even if the OTC markets were efficient, however, Plaintiffs still would not be able to establish reliance.

Watts v. Beiersdorf Inc.

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

Taken together, these allegations are sufficient to establish that citric acid functions as a preservative in the Products.”). … That defect clearly does not apply to the AC, since Plaintiff specifies when and where she claims to have bought the Aquaphor, what representation stood on the label, and how she understood it.

Williams v. Playscripts, Inc.

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

Defendants allegedly failed to pay her the same as her white counterparts, and she was denied promotions in favor of less qualified white employees. (Id. ¶¶ 52, 54, 58–60, 63, 65). … Thus, the contract drafts, combined with the parties’ other written communications, conclusively establish a mutual intent not to be bound prior to execution of the formal documents[.]”

F.L. v. Board of Education of the Great Neck U.F.S.D.

274 F. Supp. 3d 94 · District Court, E.D. New York · Aug 15, 2017

New York law further provides that a CSE must consist of, inter alia: “the Parents of the student in question; the student’s regular or special education teacher; a school psychologist; a district representative ‘qualified … Oratio’s suggestions and recommendations, the evidence demonstrates that the • CSE actively sought Plaintiffs’participation at the CSE meetings, thoughtfully considered their suggestions, and, where applicable, clearly explained

Giggetts v. County of Suffolk

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

The alleged attack caused Plaintiff “to bleed profusely” from “his head, mouth” and other “clearly visible” areas. (Id. ¶ 46). … A prima facie violation under the ADA and RA entails showing (1) the plaintiff is a qualified individual with a disability; (2) the defendant is an entity subject to the ADA and RA; and (3) the plaintiff was denied the

Shimon v. Equifax Information Services LLC

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

Clearly, then, satisfaction of a judgment necessarily precedes entry of the satisfaction, as the state court makes the entry when (i.e., on or after) the judgment has been satisfied. … To establish Article III standing, a plaintiff must establish the following three elements as an “irreducible constitutional minimum”: (1) injury-in-fact, meaning “an actual or imminent” and “concrete and particularized

Capricorn Management Systems, Inc. v. Government Employees Insurance Co.

District Court, E.D. New York · Mar 16, 2020

July 31, 2017) (treating a magistrate judge’s order imposing an adverse inference instruction sanction as non-dispositive, and reviewing the order under a “clearly erroneous” standard). … By its terms, such operations, technology and systems, must be confidential and proprietary in the first instance to qualify as confidential information.

NYTDA, Inc. v. City of New York

District Court, E.D. New York · Mar 18, 2022

Still, when the asserted property interest is a government benefit, “a person clearly must have more than an abstract need or desire for it. … To establish a deprivation of their interest in occupational choice, however, plaintiffs must establish “a complete prohibition of the right to engage in a calling.” Conn v.

1S REO OPPORTUNITY 1, LLC v. 223 HOWARD LLC

District Court, E.D. New York · Feb 3, 2026

Here, Plaintiff has established its prima facie case for foreclosure. … Defendant clearly faced difficult financial decisions after the COVID-19 pandemic8; what is not clear is why Defendant believes that Quanta bore any responsibility for these decisions, and why Quanta’s failure

Gill v. Arab Bank, PLC

891 F. Supp. 2d 335 · District Court, E.D. New York · Sep 12, 2012

It was charged by the Treasury Department that the New York branch of the Bank failed adequately to establish a system of controls to comply with federal banking law. … The impossibility of decision without an initial policy determination of a kind clearly calling for nonjudicial discretion; 4.

Allan

District Court, E.D. New York · Aug 5, 2026

Specifically, it is necessary to determine whether the wreck removal agreement qualifies as a “maritime contract.” … In the words of Justice Harlan, the contract here clearly has a “genuinely salty flavor” to it. Kossick v. United Fruit Co., 365 U.S. 731, 742 (1961).

American Steamship Owners Mutual Protection and Indemnity Association, Inc. v. United States of America

District Court, E.D. New York · Sep 24, 2020

To determine if Congress spoke clearly, the court employs “the ordinary tools of statutory construction.” Arlington, 569 U.S. at 296. … provide expertise to “assess and evaluate the third party damage claims,” and that some of GRS’s work “likely qualifies as assessment costs.”

Belki

District Court, E.D. New York · Mar 19, 2026

In June 2023, planitiff established treatment with a podiatrist for right ankle pain. Joint Stip. 14. … where the ALJ’s explaination, although brief, examined the supportability of the dentist’s opinion noting the opinion was “less relevant” given that dentist was not a neurologist or an internist, who were better qualified

Semencic v. The County of Nassau

District Court, E.D. New York · Jan 28, 2020

Semencic then “pointed at the sign on his front storm door with his left hand and, in a clearly annoyed voice, told Maloney ‘go away.’ He then abruptly and forcefully closed his front door.” Id. … Malicious Prosecution To establish a malicious prosecution claim under New York law, a plaintiff must establish: (1) commencement of a criminal proceeding; (2) that was