Case law

Alexander v. Cahill

634 F. Supp. 2d 239 · District Court, N.D. New York · Jul 23, 2007

At that time, former Presiding Justice Pigott clearly indicated that presiding justices intended to focus the amendments on attorneys motivated by profit, and, therefore, inclined to “overreach.” … b) Law firm includes, but is not limited to, a professional legal corporation, a limited liability company or partnership engaged in the practice of law, the legal department of a corporation or other organization and a qualified

Eymer v. Ground Round, Inc.

913 F. Supp. 693 · District Court, N.D. New York · Feb 12, 1996

Under the well established McDonnell Douglas standard, plaintiff has the initial burden of establishing a prima facie case. … In order to do so, plaintiff must show that (1) he was within the protected age group; (2) he was qualified for the job; (3) he was discharged; and (4) the discharge occurred under circumstances giving rise to an inference

United States v. New York

552 F. Supp. 255 · District Court, N.D. New York · Oct 14, 1982

Transportation is given the authority to operate Republic and, if he determines it to be “necessary, convenient or desirable”, Section 400(3)(b), to enter into a service contract for such operations with the MTA or any other qualified … By statute, New York has waived its immunity from liability and action and has consented to suit in accordance with the same rules of law as apply to actions in the state Supreme Court against individuals or corporations.

Andrulonis v. United States

526 F. Supp. 183 · District Court, N.D. New York · Nov 12, 1981

Andrulonis was a senior bacteriologist at the New York State Department of Health’s Griffen Laboratory, working to develop a method for mass rabies immunization of wildlife. … The cases clearly indicate that the systematic activities of a subsidiary or agent in New York may subject a foreign principal to personal jurisdiction.

Ward v. Stewart

286 F. Supp. 3d 321 · District Court, N.D. New York · Dec 12, 2017

Ward executed both Releases and therefore defendant, as a fellow ESS "member" and a fellow CMP event "participant" within the meaning of those two agreements, is clearly released from liability. … Simply put, the record establishes that Ward Jr. paid certain fees for the privilege of patronizing a recreational establishment that offered the opportunity to participate in a recreational activity.

Bartle v. Markson

299 F. Supp. 958 · District Court, N.D. New York · May 23, 1969

As to those in which he did participate by signing checks or approving them, he clearly violated his duty of trust to the corporation. … It was instituted the day after the Trustee qualified to recover damages for waste of corporate assets and the six-year statute is applicable (CPLR 213, subd. 8). (Buckley Petroleum Prod., Inc. v. Goldman, 28 A.

Burnett v. Venturi

903 F. Supp. 304 · District Court, N.D. New York · Oct 18, 1995

The record establishes that in June, 1994, (1) plaintiffs had three children under 18 years old; (2) they attempted to rent a three-bedroom house in Latham, New York; (3) they were otherwise *312 qualified to rent the house … One way that the restriction clearly would not be reasonable would be if the actual occupancy limitation was not facially neutral.

Janneh v. Runyon

932 F. Supp. 412 · District Court, N.D. New York · Jul 30, 1996

Plaintiffs failure to contact an EEO counselor within the 45 day period may be excused, however, if he can show that he qualifies for a regulatory or equitable exception to the timeliness requirement. 4 Regulatory exceptions … For reasons unknown, plaintiff improperly references 42 U.S.C. §§ 1981 (a) and 1988 instead of U.S.C. § 20002-16, for what are clearly claims under Title VII.

International Ass'n of Machinists & Aerospace Workers v. General Electric Co.

282 F. Supp. 413 · District Court, N.D. New York · Mar 19, 1968

Any grievance resulting from the establishment of such shifts shall be subject to the grievance procedure. … Any grievance resulting from a change in working schedule shall be subject to the established grievance procedure.” .

Rodolico v. Unisys Corp.

189 F.R.D. 245 · District Court, N.D. New York · Aug 25, 1999

David Crawford, as establishing a basis for the Union’s joint and several liability. Unisys submits that the Union played “an aggressive and active role in the' administration of the PP & E” and that Dr. … employees; whether the testimony of the plaintiffs’ expert leads to a conclusion that age discrimination was a direct result of the performance appraisal process; or whether Local 444 breached its duty of fair representation, clearly

Pena v. The State of New York

District Court, N.D. New York · Jun 24, 2020

Id.1 In his letters, each dated March 9, 2020, plaintiff "clearly stated he felt his life was in danger and he should not be in general population." Id. … In addition, "Courts have found that a 3 In Ex Parte Young, 209 U.S. 123 (1908), the Supreme Court established an exception to state sovereign immunity in federal actions where an individual brings an action seeking injunctive

Air Transport Ass'n of America, Inc. v. Cuomo

528 F. Supp. 2d 62 · District Court, N.D. New York · Dec 20, 2007

The field of health and safety is one of the most established areas of state police power. See Buckman Co. v. … Because summary judgment for the state is appropriate as a matter of law, granting such relief at this time serves the goal of judicial efficiency and is clearly within the authority of the Court. Abrams v.

Jarvis

District Court, N.D. New York · Mar 31, 2026

Nevertheless, “dismissal of a pro se complaint is . . . appropriate where a plaintiff has clearly failed to meet the minimum pleading requirements.” Rahman v. … immunity.”

Weaver v. New York State Office of Court Administration

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

view, this tension between permitting a “short and plain statement” and requiring that the statement “show[]” an entitlement to relief is often at the heart of misunderstandings that occur regarding the pleading standard established … Before filing his opposition, Plaintiff received a courtesy copy of, among other things, both Local Rule 7.1 of the District’s Local Rules of Practice and page “40” of the District’s Pro Se Handbook (which each clearly advised

Burrell v. DOCCS

District Court, N.D. New York · Feb 9, 2023

immunities secured by the Constitution and laws' of the United States." … Eleventh Amendment immunity is lost only if Congress unequivocally abrogates states' immunity or a state expressly consents to suit. Gollomp v. Spitzer, 568 F.3d 355, 365-66 (2d Cir. 2009).

Johnson v. Rodeway Inn by Choice Hotels

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would

Johnson v. Ramada Carrier Circle

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would

Johnson v. Red Roof Inn 157

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would

In re Mertens

131 F. 507 · District Court, N.D. New York · Aug 6, 1904

On qualifying as trustee, said Hiscock, as receiver, actually passed over to himself as trustee the 'said stock of goods, including those in question, which remained unsold and undisposed of, except so far as the bankrupts … Clearly, this is a controversy in relation to the estate of the bankrupt.

Johnson v. Courtyard Syracuse Downtown at Armory Square

District Court, N.D. New York · Jun 21, 2022

Specifically, plaintiff has not alleged that he belonged to a protected class,6 or that he was qualified for the employment positions at issue. … Accordingly, Appellant is warned that the continued filing of duplicative, vexatious, or clearly meritless appeals, motions, or other papers could result in the imposition of both a monetary sanction and a sanction that would