Case law

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.

Stevens v. City of Oneonta

District Court, N.D. New York · Nov 1, 2022

Plaintiff suffers from sarcoidosis of the heart and lungs, an auto-immune disease that causes inflammation and scar tissue in the afflicted areas. See Dkt. No. 10 at 2. … The court found that this regulation was unambiguous and clearly applied to the plaintiff firefighters in that action. See id.

DeMEO v. Kean

824 F. Supp. 2d 334 · District Court, N.D. New York · Nov 15, 2011

Phlip ’N Spill asserts there was insufficient evidence to establish that it engaged in joint activity with Reyner, making it a state actor, or intentionally destroyed or lost the evidence. 2 “A Rule 50 motion may be granted … The jury then found that the officer was nonetheless entitled to qualified immunity. Id. at 78-79. 4 .

Harris v. Binghamton Police Department

District Court, N.D. New York · Jan 26, 2023

is frivolous, malicious, or 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. § 1915A(b); see also Carr v. … “In order to establish liability for malicious abuse of process under § 1983, a plaintiff must establish the person’s veracity.” Brown v. City of New York, 2018 WL 3821620, at *7 (citing Weiner v. McKeefery, 90 F.

Jarvis v. Funny Bone Comedy Club

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

To establish 1. … A plaintiff can establish a causal Cir. 1986)) (other citation omitted).

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

French v. Albany Medical Center

District Court, N.D. New York · Jun 12, 2024

"A plaintiff establishes a prima facie case by showing '(1) that he belonged to a protected class; (2) that he was qualified for the position he held; (3) that he suffered an adverse employment action; and (4) that the … Whether Plaintiff was Qualified for Her Position "The Second Circuit has held that in order to establish that she was qualified for the position, a plaintiff must establish 'basic eligibility for the

Meyers v. Crouse Health System, Inc.

274 F.R.D. 404 · 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.

Brock v. Local 471, Hotel, Motel & Restaurant Employees & Bartenders Union

706 F. Supp. 175 · District Court, N.D. New York · Feb 14, 1989

The broad holdings of those cases were clearly meant to encompass all of the provisions of 29 U.S. C. § 481 not simply one narrow portion. See e.g. Marshall v. … The plaintiff Secretary of Labor has met his burden of establishing a prima facia case that the defendant union violated § 481(c) of the LMRDA. Mr.

Campbell v. New York State Police

District Court, N.D. New York · Jun 20, 2024

That said, “even a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal . . . .” Machicote v. … the dates, times, and places of the alleged underlying acts,” and “allege facts demonstrating the specific involvement of any of the named defendants in the constitutional deprivations alleged in sufficient detail to establish

Checksfield v. Internal Revenue Service

District Court, N.D. New York · Jul 13, 2022

Clearly, there must still be enough facts set out (however set out, whether in detail or in a generalized fashion) to raise a right to relief above the speculative level to a plausible level. See Rusyniak, 629 F. … Oct. 16, 2015) (“It is well established that exhaustion of administrative remedies is a mandatory prerequisite to a lawsuit under FOIA.”)

Trello v. McKeighan

District Court, N.D. New York · Aug 19, 2022

Trello has not plausibly established a violation of her procedural due process rights under the Fourteenth Amendment with respect to the revocation of her pistol permit. See id. Relatedly, because Mrs. … Trello's pistol permit and firearms was pursuant to a valid court order and would not violate clearly established rights; and, therefore, they are entitled to qualified immunity. See Tenenbaum v.

Incorvati v. CIS Ombudsman

District Court, N.D. New York · Jul 2, 2021

In Forma Pauperis After reviewing plaintiff's in forma pauperis application, dkt. no. 3, the undersigned concludes that plaintiff financially qualifies to proceed in forma pauperis. … The amended complaint must clearly identify all intended defendants and explain their specific involvement in plaintiff's claims. Plaintiff is referred to Fed. R. Civ.

Giles v. Fitzgerald

District Court, N.D. New York · Oct 27, 2020

Harvey, 95 N.Y.2d 191, 195 (2000)) (“[U]nder the common law any final termination of a criminal proceeding in favor of the accused, such that the proceeding cannot be brought again, qualifies as a favorable termination … Individual Capacity “It is by now well established that a state prosecuting attorney who acted within the scope of his duties in initiating and pursing a criminal prosecution is immune

Reeves v. The State of New York

District Court, N.D. New York · Jun 6, 2022

Here, there is no allegation that Schrader, Mousseau, or Molinsek were state actors, and as Judge Stewart noted, Supovitz also fails to qualify as a state actor. … However, only five of these lack absolute immunity and are plausibly implicated by Plaintiff’s conspiracy and defamation claims.

MacHeda v. HOUSEHOLD FINANCE REALTY CORP.

631 F. Supp. 2d 181 · District Court, N.D. New York · Jun 26, 2008

Moreover, the record does not establish that, as a matter of law, IREP is not affiliated with defendant. … The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Board, to any obligor in a transaction subject to this section the rights of the obligor under this section.

North County Communications Corp. v. Verizon New York, Inc.

233 F. Supp. 2d 381 · District Court, N.D. New York · Nov 14, 2002

This was clearly not the intention of Congress. … Verizon cannot so immunize itself from state suit. 3 IV. CONCLUSION The plaintiffs well-pleaded complaint alleges only state law claims. Such claims are neither artfully pleaded or completely preempted by federal law.

Digioia v. Senkowski

837 F. Supp. 492 · District Court, N.D. New York · Nov 19, 1993

Stated somewhat differently, one “who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others.” Id. … Petitioner then asserts that “[sjimply proscribing conduct as “wrong” does not justify imposing the second longest sentence in New York jurisprudence, particularly when conduct that is merely non-consensual qualifies for

Beckford v. Portuondo

151 F. Supp. 2d 204 · District Court, N.D. New York · Jun 29, 2001

Standard of Review The standard for summary judgment is well-established. … Thus, even though Defendants’ summary judgment papers are limited to the Constitutional question regarding Congress’ ability to abrogate state sovereign immunity when it enacted the Rehabilitation Act, a question the Court

Doyle v. Town of Manlius, New York

District Court, N.D. New York · Mar 26, 2024

Measured against this general legal standard, the alleged conduct of the six members of the Town Board was clearly undertaken “in a legislative capacity.” … Even assuming otherwise, plaintiffs’ complaint does not adequately establish diversity jurisdiction.