Case law

Bush v. Raymond Corp., Inc.

954 F. Supp. 490 · District Court, N.D. New York · Feb 21, 1997

Plaintiff clearly asserts that the conduct was unwelcome. See Meritor, 477 U.S. at 68 , 106 S.Ct. at 2406 . … Such a contention, clearly is insufficient to support a claim of gender discrimination based upon DeCintio v.

Darvoe v. Town of Trenton

785 F. Supp. 305 · District Court, N.D. New York · Feb 21, 1992

signed and returned by the recipient which, by itself, establishes proof of service.” … First, he must establish that defendants are persons acting under color of state law.

Jennis v. Rood

488 F. Supp. 2d 172 · District Court, N.D. New York · Jan 16, 2007

The party moving for change of venue bears the burden of “establishing] that the alternative forum is ‘clearly more appropriate.’... … Although Rochin did not establish a civil remedy for abusive police behavior, we recognized in County of Sacramento v.

Milliman v. Mitsubishi Caterpillar Forklift America, Inc.

594 F. Supp. 2d 230 · District Court, N.D. New York · Jan 28, 2009

Engin lacks the necessary experi *237 ence to qualify as an expert on the design of orderpickers. … Plaintiffs clearly contest defendant’s assertion that the order-picker was delivered with a safety tether and harness equipment.

Auerbach v. Kinley

499 F. Supp. 1329 · District Court, N.D. New York · Oct 9, 1980

A claim is insubstantial only if “ ‘its unsoundness so clearly results from the previous decisions of [the Supreme Court] as to foreclose the subject and leave no room for the inference that the questions sought to be raised … Clearly this mandate is as strong today as it has ever been. 8 . The affidavits submitted by plaintiffs Amy Auerbach and Monica Rossi are representative in this regard.

Roodenburg v. Sandy

District Court, N.D. New York · Apr 2, 2025

Roodenburg of a right, privilege, or immunity actionable under 42 U.S.C. § 1983. … Employment Discrimination Next, turning to plaintiff’s discrimination claim.12 The ADA was established to ensure that “individuals are able to obtain and maintain employment

Pilchen v. City of Auburn, NY

728 F. Supp. 2d 192 · District Court, N.D. New York · Aug 5, 2010

The relief sought by plaintiff is pursuant to 42 U.S.C. § 1983 which allows for suits to be brought against persons who deprive a party of the rights, privileges or immunities granted through the Constitution. … The City clearly has a right to terminate water service as a result of unpaid bills.

Miller v. Beehner (In re Beehner)

76 B.R. 265 · District Court, N.D. New York · May 2, 1984

However, in contrast, Debtor testified the Plaintiff instructed him to sign the form first, which he did, and then Plaintiff thereafter, filled in the information which Dominick required in order to qualify Debtor as a trader … A review of the testimony in this case demonstrates clearly that Plaintiff relied on his own judgment, experience and observations to make a financial commitment to the Debtor.

Deferio v. City of Syracuse

193 F. Supp. 3d 119 · District Court, N.D. New York · Jun 8, 2016

City of West Haven, 600 F.Supp. 1427, 1436 (D.Conn.1985) (“[T]he balancing of the plaintiffs’ interest in free speech against the city’s interest in being able to enforce an unconstitutional ordinance clearly establishes … FDA, 119 F.Supp.3d 196, 237 (S.D.N.Y.2015); Vaguely Qualified, 2015 WL 5916699 , at *12.

Joyner v. Spinelli

District Court, N.D. New York · Apr 17, 2020

Jan. 24, 2013) (considering incident report and accusatory instrument that "provide[d] crucial details" about the plaintiff's prosecution), aff'd on qualified immunity grounds, 751 F.3d 78 (2d Cir. 2014); cf. Obilo v. … As noted by the Second Circuit, "thus, to establish [absolute] immunity, the 'ultimate question' is 'whether the prosecutors have carried their burden of establishing that they were functioning as "advocates" when they engaged

Medlin v. Rome Strip Steel Co., Inc.

294 F. Supp. 2d 279 · District Court, N.D. New York · Dec 10, 2003

To establish a claim under the ADA based on the failure to provide reasonable accommodations, plaintiff must establish that: “(1) he was an ‘individual who had a disability’ within the meaning of the statute; (2)[RSS] had … Thus, the question in this context is not whether RSS failed to provide plaintiff accommodation— it clearly did- — but whether the accommodation that plaintiff alleges was available was reasonable, and whether it would have

Raven

District Court, N.D. New York · Feb 2, 2026

App’x at 465] (‘It is well settled that § 1983 does not override Eleventh Amendment immunity. . . . … Plaintiff argues that Defendants are not immune from the non-monetary relief he seeks pursuant to the Ex parte Young exception to Eleventh Amendment immunity. See, e.g., Dkt. No. 15 at 11-12.

Cox v. (DOCCS) NYS Department of Corrections

District Court, N.D. New York · May 8, 2023

of "sovereign immunity." … "In order to establish a prima facie violation under these acts, [an inmate] must show that 1) he is a qualified individual with a disability; 2) DOCCS is an entity subject to the acts; and 3) he was denied the opportunity

O'KEEFE v. Niagara Mohawk Power Corp.

714 F. Supp. 622 · District Court, N.D. New York · Jun 8, 1989

In the present case, defendants NiMo and the Power Pool clearly did not receive any federal financial assistance for the ET & T program. … To establish a prima facie tort claim five elements must be satisfied.

Denny v. Ford Motor Co.

959 F. Supp. 2d 262 · District Court, N.D. New York · Aug 13, 2013

Although witness perjury and concealment of responsive documents would hardly merit praise, “even fairly despicable conduct will not qualify as fraud on the court.” 12 James Wm. … Fraudulent Non-Disclosure of a Material Fact — Fourth Cause of Action To establish fraudulent concealment under New York law, a plaintiff must prove not only all of the elements of a common law fraud claim, but also establish

Gakuba v. James

District Court, N.D. New York · Oct 1, 2024

It fails, however, to establish how this Court has jurisdiction over either. … _4- It is clearly established that “the exercise of personal jurisdiction over a defendant is informed and limited by the U.S.

Brown v. Sheridan

894 F. Supp. 66 · District Court, N.D. New York · Jul 22, 1995

McLaughlin, 913 F.2d 1033, 1044-45 (2d Cir.1990) (no clearly established right to counselling services having rejected them when offered). … Plaintiff has not, therefore, established that either Lodge or Crosier were negligent in their dealings with him.

Ackerman v. Dave & Buster's Inc

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

immunities secured by the Constitution and laws’ of the United States.” … However, the name of the hearing officer is not clearly legible. See Dkt.

Brown v. Fat Dough Incorp.

District Court, N.D. New York · Oct 17, 2022

(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2). … To establish a prima facie case of discriminatory discharge under the ADA, a claimant must show: “(1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified

Colozzi v. St. Joseph's Hospital Health Center

275 F.R.D. 75 · District Court, N.D. New York · Mar 8, 2011

The attorneys seeking to represent the class have established they are qualified and able to conduct this litigation. Their experience is more fully discussed below pursuant to Rule 23(g). … The state law claims clearly arise out of the same nucleus of operative facts as the FLSA claims, which are going to be adjudicated in this court in any event.