Case law

Studio Six Productions, Ltd. v. Sargsyan

District Court, E.D. New York · Sep 26, 2024

As a threshold matter, a letter from counsel attaching an exhibit that fails to identify the source of claimed damages does not qualify as admissible evidence. … More problematically, Studio Six’s submission does not show “a detailed calculation, clearly setting forth the specific amounts that are sought with supporting detail,” for three reasons.

Joseph v. Kijakazi

District Court, E.D. New York · Jul 24, 2024

Part 404, Subpart P, Appendix 1 that would automatically qualify him as disabled regardless of age, education, or work experience. (R.86.) The ALJ next determined that Mr. … “Courts in the Second Circuit have found that ‘[a] finding of not severe should be made if the medical evidence establishes only a slight abnormality which would have no more than a minimal effect on

Meyer v. Organogenesis Holdings Inc.

District Court, E.D. New York · Mar 29, 2024

Compl. ¶ 245; and “[w]e are clearly taking share in the office,” see Am. Compl. ¶ 246. … “To qualify as ‘strong’ . . . an inference of scienter must be more than merely plausible or reasonable – it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.”

United States v. Orgad

132 F. Supp. 2d 107 · District Court, E.D. New York · Mar 9, 2001

A reasonable person could conclude that their conversations establish a number of facts that may prove damaging to Orgad at trial. 1. … I can quickly address DR 5-102’s four exceptions to the rule of disqualification when an attorney ought to be a witness for his client, for they are clearly inapplicable here.

Gelb v. Niblack

District Court, E.D. New York · Sep 6, 2023

“Where, as here, a case is at the pleading stage, the plaintiff must clearly allege facts demonstrating each element” of standing. Spokeo, Inc. v. Robins, 136 S. … To do so, however, a plaintiff must establish “(1) a close relationship to the injured party and (2) a barrier to the injured party’s ability to assert its own interests.” Keepers, 807 F.3d at 41 (quoting Smith v.

Robinson v. Department of Education

District Court, E.D. New York · Dec 28, 2023

In particular, plaintiffs argue that the Court disregarded “critical evidence” that “clearly shows” that defendant knew S.I. was not in school prior to the April 3, 2020 hearing. (Id. at ¶ 19.) … Plaintiffs do not cite to, and the Court has not independently found, any provisions of Article 10 that qualify or alter school officials’ obligation, as “Mandated Reporters,” to immediately call the SCR “when they have

Abadi

District Court, E.D. New York · Mar 30, 2026

A bankruptcy court abuses its discretion where “(1) its decision rests on an error of law . . . or a clearly erroneous factual finding, or (2) its decision—though not necessarily the product of a legal error or a clearly … It is well-established that the actual damages claimed must be caused by the violation of the automatic stay.

Francois v. Brentwood Union Free School District

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

Escorbores qualifies as a policymaker since, rather than citing any of these cases or arguing that Dr. … Here, while the complaint does not clearly enunciate the factual basis of Francois’s hostile work environment claim, it appears to rest on Dr.

6340 NB LLC v. Capital One, N.A.

District Court, E.D. New York · Sep 9, 2022

It is well-established that, ultimately, “[m]otions to compel are left to the court's sound discretion.” Mirra v. Jordan, No. 13- CV-5519, 2016 WL 889683, at *2 (S.D.N.Y. Feb. 23, 2016); see also Liberty Mut. Ins. … “[T]he bank examination privilege is a qualified privilege that protects communications between banks and their examiners in order to preserve absolute candor essential to the effective supervision of banks.”

Kalaj v. Kay

District Court, E.D. New York · Jul 17, 2023

Sprinkled throughout the complaint, however, are references to Plaintiff that are clearly singular in nature. … They likewise fail to establish an implicit offer or acceptance.

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

District Court, E.D. New York · Feb 23, 2025

Plaintiffs plausibly allege that their medical condition was a financial liability to their employer and that the Chair of NSP’s Finance Committee even referred to him as “clearly disabled.” See ECF No. 21 at 8. … Analyzing the facts and circumstances set forth infra, the Court finds that Defendants have failed to establish the requisite strong showing that Plaintiffs’ claims under Counts I and IV would be unmeritorious, such that

Michalakis v. O'Malley

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

A claimant qualifies as disabled when he is unable to “engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected … Though the ALJ devoted most of her analysis to the second and third factors – supportability and consistency – she was clearly aware of Dr.

Wang v. Air China Limited

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

Air China’s Flight Team Headquarter Discipline Inspection Committee issued a report dated December 10, 2015 finding that Plaintiff had “clearly stated that [Li] has never substantially harassed or physically contacted her … Plaintiff alleges is not covered by Title VII, and “[t]herefore, neither the July 2015 reporting of the alleged harassment nor Plaintiff’s participation in Air China’s internal investigation of the alleged harassment qualify

United States v. Funds Held in the Name or for the Benefit of Wetterer

17 F. Supp. 2d 161 · District Court, E.D. New York · Sep 30, 1998

He was qualified as an expert in evaluating sexual abuse and treating sexual abuse victims. The personnel in his program treat victims of sexual abuse and do assessments for the courts. … Surgery, who works in the Rafael Ayau Home, states that about five years ago, a routine examination of a boy had just come to the Rafael Ayau Home from the Hogar Mi Casa gave the following results: a) The anal inspection clearly

Hayon v. Reardon

District Court, E.D. New York · Jan 4, 2021

the difficulties attendant on prison life, such as transfers between facilities, solitary confinement, lockdowns, restricted access to the law library, and an inability to secure court documents, do not by themselves qualify … habeas relief on that claim unless its adjudication (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

Ross v. Guy

District Court, E.D. New York · Mar 14, 2022

“Evidence should be excluded ona motion in limine only when the evidence is clearly inadmissible on all potential grounds.” Jd. … Plaintiff states that he does not intend to inquire into or establish the “racial identity or appearance of the parties.” Pl. Mem. at 10.

Slade v. City of New York

District Court, E.D. New York · Sep 5, 2024

complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ … Estate of Shabazz, 482 U.S. 342, 348 (1987) (holding that “[i]nmates clearly retain protections afforded by the First Amendment, including its directive that no law shall prohibit the free exercise of religion” (internal

In re Iron Clad Mfg. Co.

194 F. 906 · District Court, E.D. New York · Mar 15, 1912

Seaman in order to qualify her as a director. … Some action might lie thereon, but title in the Iron Clad Manufacturing Company is not conclusively established thereby.

Rajaratnam v. Motley Rice, LLC

District Court, E.D. New York · Mar 26, 2020

Id.16 Plaintiff asserts that Kim and similar decisions do not establish an “unqualified ‘safe harbor’ that immunizes litigation-related activities from RICO liability … necessary to establish long-arm jurisdiction.”).)

Simmons v. Reich

District Court, E.D. New York · Nov 30, 2020

Accordingly, dismissal for untimeliness pursuant to Rule 12(b)(6) is warranted where the “complaint shows clearly that a claim is not timely.” … conclusory and speculative assertion that she was targeted on the basis of her race,” where the sole allegations of racial discrimination were “that plaintiff is African American, she qualified