Case law

Morgan v. Commissioner of the Social Security Administration

District Court, E.D. New York · Oct 5, 2021

At step 2, ALJ Hamel determined that Appellant’s cervical disc disease with radiculitis and seizure disorder qualified as severe impairments pursuant to 20 CFR § 404.1520(c). AR. 13. … The court may instead “look to other portions of the ALJ’s decision and to clearly credible evidence in finding that his determination was supported by substantial evidence.” Berry v.

De Figueroa v. New York State, State University of New York at Stony Brook

District Court, E.D. New York · Sep 8, 2022

However, while temporal proximity alone may be enough to establish a plaintiff’s prima facie case, it is “not enough to establish pretext,” Abrams v. Dep’t of Pub. … However, none of those paragraphs discuss actions taken by Gergen that show overt hostility to people who take FMLA leave; rather, they only discuss Plaintiff’s belief that she was the most qualified candidate

N-N v. Mayorkas

District Court, E.D. New York · May 18, 2021

Further, once venue is established, it is not affected by subsequent events. See Keitt v. New York City, 882 F. … But whatever sense it makes, this reading is clearly at odds with the older regulation’s plain text. Cf., e.g., United States v.

McDonald v. Williams-Sonoma, Inc.

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

Defendant argues that Plaintiff’s Rule 56.1 Opposing Statement is “replete with failures to cite to the record, legal argument, attorney editorialization, ‘qualified’ admissions, and even outright denials to factual averments … procedure of initiating a 90-day PIP as a tool to improve performance” by instead giving Plaintiff a 30-day PIP that was not achievable and effectively forcing him to resign; (5) Pankey’s comments during their last meeting “clearly

United States v. Polizzi

549 F. Supp. 2d 308 · District Court, E.D. New York · Apr 1, 2008

Such conditions, in his opinion, “shouldn’t interfere with someone’s ability to think clearly.” Id. at 1233. … Often juries returned special verdicts convicting on a lesser charge in order to make the defendant eligible for “benefit of clergy,” i.e., immunity from hanging.

International Home Care Services of New York, LLC v. People's United Bank, National Association

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

In order to show irreparable harm, the moving party must establish 7 While both parties’ filings cite New York law in their analysis of Plaintiff’s PI motion, the Court applies federal law. … These second-hand, qualified, unsupported representations by Plaintiff’s counsel are clearly insufficient to justify the requested preliminary injunction.

United States v. Standard Drywall Corp.

617 F. Supp. 1283 · District Court, E.D. New York · Aug 28, 1985

Forty-Sixth Street clearly indicated the whole building as the place to be searched. … Benny was concerned that an individual who qualified as an enterprise not escape RICO prosecution, id. at 268 , but allowed that: The argument against identification of defendant and enterprise might be viable where a corporate

Bjelobrk v. Suffolk County

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

The SCPD previously assigned “qualified police officers on probation, some right after graduating the Police Academy, to the Aviation Unit.” Id. ¶ 24. … Second, they argue that even if Veronko’s service in the Naval Militia could qualify as a general matter, Veronko’s period of service did not qualify as “State active duty” under a part of the Amended USERRA’s temporal

Meeg v. The Heights Casino

District Court, E.D. New York · Mar 27, 2020

question—whether the parties have agreed to arbitrate in the first place—“is one only a court can answer, since in the absence of any arbitration agreement at all, questions of arbitrability could hardly have been clearly … DISCUSSION Under New York law, a court may only compel arbitration when “the evidence establishes . . .

Scott E. v. Commissioner of the Social Security Administration

District Court, E.D. New York · Jun 9, 2026

Kijakazi, 31 F.4th 64, 74 (2d Cir. 2022)), “even more so than the clearly erroneous standard,” Benjamin v. Comm’r of Soc. Sec., No. 25-2343, 2026 WL 697004, at *1 (2d Cir. … 388, 399 (W.D.N.Y. 2019) (affirming ALJ’s decision finding “[d]espite [the p]laintiff’s complaints, there [was] no objective evidence in the record [to] support that [the p]laintiff’s bilateral carpal tunnel syndrome qualifie

Espada v. Guardian Service Industries, Inc.

District Court, E.D. New York · Oct 18, 2019

What the Court did not address was whether the particular CBA before it “clearly and unmistakably” required arbitration of the plaintiffs’ claims. … (b) The Union and the RAB have elicited from the American Arbitration Association (“AAA”) a list of arbitrators who (1) are attorneys, and (2) are qualified to decide employment discrimination cases.

Ying v. All-Ways Forwarding of N.Y. Inc.

District Court, E.D. New York · Mar 31, 2025

First, as to Rule 23(e)(2)(A), the Court assesses “whether: 1) Lead Plaintiffs’ interests are antagonistic to the interests of the other members of the class and whether 2) Lead Counsel are qualified, experienced and able … This record reflects that “discovery has advanced far enough for the parties to realistically evaluate the value of the case” (Tr. 8:20–22) and that the parties clearly “had an adequate appreciation of the merits of the

Saldin v. Colvin

34 F. Supp. 3d 271 · District Court, E.D. New York · Aug 4, 2014

Mantell noted that the Plaintiff was appropriately dressed, spoke clearly, and was easy to engage.- Tr.. 209. … The Analytical Framework for Determining Disability 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

Town of Babylon, NY v. James

District Court, E.D. New York · Dec 19, 2023

Specifically, the Special Traffic Options Program for Driving While Intoxicated (“STOP-DWI”) legislation established the fund and provided that “where a county establishes a [STOP-DWI program], … Analysis The Second Circuit has clearly held that “[p]olitical subdivisions of a state may not challenge the validity of a state statute

Carper v. TMC the metals company Inc.

District Court, E.D. New York · Jul 11, 2025

, to establish Article III standing.”). … This is the case here: the valuation of an illiquid, nonfungible asset like the TOML license is clearly a statement of opinion under the securities laws.

Arciello v. County of Nassau

District Court, E.D. New York · Sep 20, 2019

(“[I]n Paragraph 1 of the declaration, the Plaintiff clearly identifies himself as the named Plaintiff in this action. … As to equitable tolling, in order to qualify, “‘the plaintiff must establish that extraordinary circumstances prevented [her] from filing [her] claim on time, and that s[he] acted with reasonable diligence

Gonzalez v. Victoria G's Pizzeria LLC

District Court, E.D. New York · Jan 5, 2022

The duration of Grimaldi’s and Victoria G’s noncompliance clearly weighs in favor of sanctions. See Campos, 2017 U.S. Dist. … An employee’s showing “that he may have regularly worked with goods that originated from outside of New York does not qualify him as an employee engaged in commerce.” Liu v. Elegance Rest.

Cohen v. eSupplements, LLC

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

The images of the Product included in the Complaint demonstrate that the front label conspicuously states that the Product contains “Magnesium Glycinate” and “420 MG Per Serving” and the back label clearly states “420 … Ester C Co., the plaintiffs alleged fraudulent intent in a case where the defendant marketed a product as a superior source of vitamin C and an immune system defense. 930 F. Supp. 2d 439, 473 (E.D.N.Y. 2013).

Hubbuch v. Helbraun & Levey LLP

District Court, E.D. New York · Jul 17, 2025

Both sets of Defendants argue that Plaintiff has failed to establish the requisite “pattern of racketeering activity” under 18 U.S.C. § 1962(c) (“Section 1962”), thereby failing to establish an element of a RICO claim. … Indeed, based on Plaintiff’s own assertions, he might qualify as one such “less untutored” pro se litigant.

Snyder, M.D. v. Neurological Surgery Practice of Long Island, PLLC

District Court, E.D. New York · May 19, 2025

Snyder apply for disability insurance and stated that he was “clearly disabled.” (Id. at ¶ 33.) This conduct is precisely what ERISA seeks to prevent. Dister, 859 F.2d at 1111. … Furthermore, the Tax Code clearly prevents plan participation once a 1042 election is made. See 26 U.S.C. § 409(n).