Case law

Castiblanco v. American Airlines, Inc.

District Court, E.D. New York · Sep 29, 2019

Second, on August 16, 2018, Plaintiff received a letter from Defendant informing her that Defendant “ha[d] extended certain benefits to qualified former employees.” (Id.) … Defendant argues that Plaintiff’s claims are clearly time- barred, and that neither of the foregoing exceptions salvage her untimely claims.

Kelwin Inkwel, LLC v. PNC Merchant Services Company, L.P.

District Court, E.D. New York · Oct 8, 2019

Warren established the business in or around October 2015 and, at that time, contacted Defendant about accepting credit card payments. (Id. qq 129-131.) Mr. … Visa, Mastercard) themselves establish interchange fees, and that Defendant has no ability to influence the tier to which a given transaction is routed. (See id. § 9.)

Roldan v. Lewis

District Court, E.D. New York · May 31, 2024

The 2003 Policy has distinct language concerning who qualifies as an additional insured. … Mar. 19, 2024) (no duty to defend party who does not qualify as additional insured under relevant policy).

Intertek Testing Services, N.A., Inc. v. Pennisi

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

Accordingly, the goodwill of MT Group clearly passed to plaintiff when the business was sold. Id. … Moreover, “economic pressure must be ‘extreme and unfair’ before it may qualify as wrongful.” Shernoff, 266 F. App’x at *13-14 (quoting Carvel, 3 N.Y.3d at 192-93, 785 N.Y.S.2d 359).

Merrill Lynch, Pierce, Fenner & Smith Incorporated v. Sohmer

District Court, E.D. New York · Oct 2, 2024

To qualify for Rule 60(b)(6) relief, a plaintiff must also demonstrate either “extraordinary circumstances” or that “the judgment may work an extreme and undue hardship.” Crispin v. … In support, Targownik argues that Seymour “cites no appellate authority and only one trial order” to support his motion, the cases he cites are “clearly distinguishable from the facts of [this] case,” and courts “have routinely

Targownik v. Sohmer

District Court, E.D. New York · Oct 2, 2024

To qualify for Rule 60(b)(6) relief, a plaintiff must also demonstrate either “extraordinary circumstances” or that “the judgment may work an extreme and undue hardship.” Crispin v. … In support, Targownik argues that Seymour “cites no appellate authority and only one trial order” to support his motion, the cases he cites are “clearly distinguishable from the facts of [this] case,” and courts “have routinely

Chimienti v. Wendy's International, LLC

District Court, E.D. New York · Sep 30, 2023

candy box was not materially misleading, despite plaintiff’s claim that the box “ma[de] it appear to [p]laintiff and [c]lass members that they are buying more candy than what is actually being sold,” because “the box clearly … Nothing about Mantikas changes the Court’s obligation to “consider the challenged advertisement[s] as a whole, including disclaimers and qualifying language.” Hardy v.

Alloway

District Court, E.D. New York · Nov 10, 2025

Additionally, a court “may dismiss a claim on statute-of-limitations grounds at the pleadings stage ‘if [the] complaint clearly shows the claim is out of time.’” Whiteside v. … a prima facie case of age discrimination, by showing “(1) that []he was within the protected age group, (2) that []he was qualified for the position, (3) that []he experienced [an] adverse employment action, and (4) that

Thomas v. Commissioner of Social Security

District Court, E.D. New York · Feb 22, 2022

It is well-established in the Second Circuit that an ALJ presiding over a social security hearing must “affirmatively develop the record in light of the essentially non-adversarial nature of a benefits proceeding.” … While the decision to remand is not based on these credentials, the above-mentioned evidence suggests that Martha Cantaue qualifies as an acceptable medical source under 20 C.F.R. § 404.1502(a)(7).

Funk v. Belneftekhim

District Court, E.D. New York · Sep 22, 2020

Fraud To establish a claim for common law fraud under New York law, a plaintiff must allege: “(1) a material misrepresentation or omission of fact, (2) made … Thus, a district court should “exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” See United States v. Ozsusamlar, 428 F.

South Nassau Building Corp. v. Town Board of the Town of Hempstead

District Court, E.D. New York · Aug 17, 2022

Tellingly, although the Town Board invoked the supposed uniqueness of the home in an effort to explain why the House qualified as a landmark as local law defines that term, see Hempstead, N.Y., Code § 76-1, the Town Board … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire’ and ‘more than a unilateral expectation of it.

Wheel Pros, LLC v. ASR Motorsport, LLC, Nicholas Lanzello, Reza Noori, Joseph Leahy, David Palacios, John Thompson, III, and Danny Huallanca

District Court, E.D. New York · Jan 14, 2026

However, under the Second Circuit’s guidance, much of Wheel Pros’ requested preliminary relief is clearly prohibitory. … This Court has found that a company’s “master list of existing customers and qualified leads” that it developed through “paid advertising, participating in trade shows, and maintaining a website” qualifies as a trade secret

Securities & Exchange Commission v. Engler

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

A large portion of the $2.3 million Engler agreed to pay in the Settlement Agreement can be attributed to transactions that clearly pre-date the Relevant Period, i.e., $784,000 in unpaid promissory notes and $900,000 transferred … Desiderio’s role as an aider and abettor of securities law violations does not immunize her from the imposition of civil penalties. See SEC v. Dibella, No. 04-CV-1342 (EBB), 2008 WL 6965807, at *6 (D. Conn.

Garrett v. Provident Life and Casualty Insurance Company

District Court, E.D. New York · May 22, 2020

On May 25, 2010, the Social Security Administration concluded that Garrett was disabled and her benefits should continue, in part because the investigation was “inconclusive and does not clearly document that the claimant … Supp. 2d 177, 193–94 (E.D.N.Y. 2007)). 23 In order to establish entitlement to benefits, a plaintiff must “prov[e] by a preponderance of the evidence that

Rustemi v. Colvin

District Court, E.D. New York · Jan 17, 2020

Administrative Hearing Testimony As noted above, ALJ Solomon held a hearing on April 7, 2015 to determine whether Plaintiff qualified as “disabled” within … During this five-step process, the Commissioner must consider whether “the combined effect of any such impairment . . . would be of sufficient severity to establish eligibility for Social

Guan v. Mayorkas

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

Plaintiffs neither request prospective relief nor establish that they have standing for such a request. … See Amidax, 671 F.3d at 147 (“To establish an injury in fact—and thus, a personal stake in this litigation—[plaintiff] need only establish that its information was obtained by the government.”

High Farms, LLC v. King

District Court, E.D. New York · Mar 25, 2021

(“Evidence of the delivery of such a check, plus proof that there was no existing debt [ ] establishes prima facie a loan of money.”) … An applicant must show that all of these elements are “satisfied to qualify for intervention as of right.” Wash. Elec. Coop., 922 F.2d at 96 (citation omitted); see also New York v.

Romano v. Superintendent Green Haven Correctional Facility

District Court, E.D. New York · May 11, 2022

Nor has petitioner established that his untimely claims are saved by equitable tolling. … But the evidence at trial did not suggest that the autopsy did establish Spensieri’s time of death with any certainty. Dr.

Scoma v. City of New York

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

“Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” United States v. Paredes, 176 F. … In addition, “Rule 803(6) explicitly requires that this foundation be laid by a ‘custodian’ or ‘qualified witness,’ if testimonial, or by a formal certification by the record’s custodian.

Morgan v. Social Security

District Court, E.D. New York · Jul 13, 2021

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 … his or her case at steps one through four of the sequential five-step framework established in the SSA regulations.”