Case law

Lewis v. Essex County, New York

District Court, N.D. New York · Oct 8, 2024

Oct. 11, 2018) ("In this case, though extremely skeptical, the court cannot say with complete certainly[sic] that, if permitted to amend, plaintiff would be unable to establish the requisite state action sufficient to demonstrate … If Plaintiff decides to amend his complaint, he must clearly set forth the facts that give rise to the claim, including, when possible, the dates, times, and places of the alleged underlying acts, as well as each individual

Cassidy v. New York State Insurance Fund

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

There are three recognized exceptions to the sovereign immunity bar: (1) where a state waives its Eleventh Amendment immunity and consents to suit; (2) where Congress has abrogated the states’ sovereign immunity by acting … “Ex parte Young established an exception to state sovereign immunity in federal actions where an individual brings an action seeking injunctive relief against a state official for an ongoing violation of law or the Constitution

Monell v. Scooter Store, Ltd.

895 F. Supp. 2d 398 · District Court, N.D. New York · Sep 14, 2012

Chen is sufficiently qualified to be permitted to testify pursuant to Rule 702 of the Federal Rules of Evidence. See id. at 9-10. Plaintiff asserts that Mr. … Chen’s credentials clearly demonstrate that he is sufficiently qualified to testify as an expert in this case, in the manner proposed. Based on the foregoing, the Court finds that Mr.

Johnson v. New York State Division of Human Rights

District Court, N.D. New York · May 10, 2022

Plaintiff relief.4 However, claims against judges are barred by the doctrine of judicial immunity. … Because the defects in judicial immunity.” Id. (citations omitted).

National Shooting Sports Foundation, Inc. v. James

District Court, N.D. New York · May 25, 2022

All gun industry members who manufacture, market, import or offer for wholesale or retail sale any qualified product in New York state shall establish and utilize reasonable controls and procedures to prevent … That section requires that gun industry members "establish and utilize reasonable controls and procedures to prevent its qualified products from being possessed, used, marketed or sold unlawfully in New York state."

Cassidy v. Madoff

District Court, N.D. New York · Feb 4, 2020

A court “must conduct ‘some factual inquiry’ to determine if the duties of the defendants were judicial or prosecutorial, which entitles them to absolute immunity, or administrative, which may entitle them to qualified … of allegation would clearly constitute an allegation concerning quasi-judicial acts.”

Whitehead III v. New York State

District Court, N.D. New York · Jul 28, 2025

The sole allegation against Phillips is that she made a false police report — that claim is insufficient to establish | liability. … Recommendation For these reasons, the Amended Complaint is clearly subject to dismissal.* “[A] court should not dismiss a complaint filed by a pro se litigant without granting leave to amend at least once ‘when a

Whitehead III v. Ives

District Court, N.D. New York · May 20, 2025

Plaintiff clearly cannot allege facts that would establish jurisdiction, as such facts would flatly contradict those already alleged. … However, the name of the hearing officer is not clearly legible. See Dkt.

Cossack v. Burns

970 F. Supp. 108 · District Court, N.D. New York · Jul 9, 1997

Here, the Local Plan 12 clearly grants the Board of Trustees discretion to construe the terms of the plan. … Not surprisingly, there is a difference between the elements necessary to establish a claim for equitable estoppel and those necessary to establish a elaim for promissory estoppel.

Louis M. Ex Rel. Velma M. v. Ambach

714 F. Supp. 1276 · District Court, N.D. New York · Jun 15, 1989

It is essential, in order to qualify for federal funds, that the local educational agency establish Individualized Educational Programs (IEPs), as defined in 20 U.S.C. § 1401 (a)(19), tailored to meet the specific needs of … Clearly, termination of a placement during the review process violates both New York law and the E.H.A..

Niagara Mohawk Power Corp. v. Stone & Webster Engineering Corp.

725 F. Supp. 656 · District Court, N.D. New York · Nov 24, 1989

It further agreed to furnish all labor and qualified supervisory personnel and to provide overall direction and management. … Some immunities, such as those of municipal corporations or charities may prevent recovery in tort, but not in contract.

Oxford House, Inc. v. City of Albany

819 F. Supp. 1168 · District Court, N.D. New York · Apr 16, 1993

A number of such houses were recently established in the City of Albany, three of which are central to the instant dispute. … For the reasons so clearly enunciated in the cases of Sullivan v. City of Pittsburgh, 811 F.2d 171, 183 (3rd Cir.1987) and Oxford House-Evergreen v.

Selah v. Goord

255 F. Supp. 2d 42 · District Court, N.D. New York · Apr 4, 2003

In a person with a normal immune system, between two to five percent of the people will convert to contagious tuberculosis during the first year. (Reichman 19; Lutz 137). … Clearly DOCS has a legitimate interest in stopping the spread of TB in its prisons.

United States v. Hagerman

827 F. Supp. 2d 102 · District Court, N.D. New York · Nov 30, 2011

. § 2259 in 1996, it clearly explained *108 that, in some circumstances, the procedure for issuing restitution need not involve an evidentiary hearing. … Clearly it did.

Verdi v. HLA-PE-WJN

District Court, N.D. New York · Sep 14, 2022

Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for "the deprivation of any rights, privileges, or immunities secured … "In order to establish an Eighth Amendment claim arising out of inadequate medical 3 In Ex Parte Young, 209 U.S. 123 (1908), the Supreme Court established an exception to state sovereign immunity in federal actions where

Farrell v. State of NY

946 F. Supp. 185 · District Court, N.D. New York · Nov 25, 1996

First, the plaintiff alleges that in 1987, after achieving the rank of sergeant, she applied for a position for which she was qualified at the Bureau of Criminal Investigation. She did not receive the position. … It is now well-established in this Circuit that “[s]ex discrimination — is covered by § 1983.” Annis v. County of Westchester, 36 F.3d 251, 254 (2d Cir.1994).

Herbowy-Hubalek v. Lithia of Yorkville - 3, LLC

District Court, N.D. New York · Dec 20, 2021

She alleges that she “was a qualified employee and performed her work satisfactorily.” Id. at □ 23. … Plaintiff told Flynn that they engaged in this conduct “in a clearly discriminatory and harassing manner.” Id.

Camillus Clean Air Coalition v. Honeywell International, Inc.

947 F. Supp. 2d 208 · District Court, N.D. New York · May 28, 2013

In re Chateaugay Corp. is clearly distinguishable from this case. … the proper ‘removal or remedial action,’ in light of the standards and constraints established by the CERC-LA statutes.” Id.

Croons v. New York State Office of Mental Health

304 F.R.D. 98 · District Court, N.D. New York · Jan 14, 2015

Mellor remained standing as a potentially suitable comparator for purposes of establishing Croons’s prima facie case. … But that is clearly not the case here. These initial objections to Croons’s demands were lodged on August 31, 2011, nearly two years before defendants eventually moved for summary judgment.

Daily Orange Corp. v. Central Intelligence Agency

532 F. Supp. 122 · District Court, N.D. New York · Mar 18, 1982

The exemption authorizes an agency to withhold any information that is “(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy … At least two categories would clearly apply to covert activity at Syracuse, if it exists: 1-301(c), concerning “intelligence activities, sources, or methods”; and l-301(e), involving “scientific, technological, or economic