Case law

Dark Storm Industries LLC v. Cuomo

District Court, N.D. New York · Jul 8, 2020

The plaintiff bears the burden of establishing standing and, at the summary judgment stage, cannot “rest on . . . mere allegations, but must set forth by affidavit or other evidence specific facts [establishing standing … As for Dark Storm, the Court finds that it, too, has independently established standing.

American Building Maintenance Co. v. Acme Property Services, Inc.

515 F. Supp. 2d 298 · District Court, N.D. New York · Aug 29, 2007

There is ample precedent that may support ABM’s assertion that its customer information qualifies as protected, confidential information. … and abetting can be established in any set of circumstances.

Daou v. Early Advantage, LLC

410 F. Supp. 2d 82 · District Court, N.D. New York · Jan 6, 2006

The party moving for change of venue bears the burden of "establish[ing} that the alternative forum is `clearly more appropriate.'... … Defendant qualifies under the “solicitation-plus” test for jurisdiction.

In re Capitol Trading Co.

229 F. 806 · District Court, N.D. New York · Feb 21, 1916

After *808 the appointment is made and’ approved, and the trustee has qualified, subject to certain provisions of law, he is largely subject to the control and direction of the creditors themselves. … Clearly the wisdom of this rule of practice is sustained by abundant authority.

Lee v. Stricos

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

Nature of Action Plaintiff seeks relief pursuant to Section 1983, which establishes a cause of action for " 'the deprivation of any rights, privileges, or immunities secured … Even assuming, for the purposes of this initial review, that plaintiff's condition qualified as a serious medical need, plaintiff has failed to plead facts suggesting that Vittolo acted with the necessary culpable state of

Anunziatta v. Orkin Exterminating Co., Inc.

180 F. Supp. 2d 353 · District Court, N.D. New York · Nov 16, 2001

It does not appear that any New York court has had the opportunity to address whether a contract to perform some service to a house would qualify as a “maintenance” contract. … Gross Negligence and Public Policy It is well established law in New York that limitations of liability purporting to cover gross negligence are void as a matter of public policy.

United States v. Walker

910 F. Supp. 837 · District Court, N.D. New York · Sep 26, 1995

These defendants are charged under statutes that regulate activities that clearly fall within the broad categories described in Lopez and prior case precedent. … of their trial and that a separate, death-qualified jury be empaneled at the penalty phase.

Avakian v. United States

739 F. Supp. 724 · District Court, N.D. New York · Jun 12, 1990

The consent form which the plaintiff signed had the handwritten word "Myelogram” clearly printed at the top of the page. … Wolf impressed this court as a physician well qualified in his areas of expertise. Since graduating cum laude from Harvard medical school, Dr.

Massie v. IKON Office Solutions, Inc.

381 F. Supp. 2d 91 · District Court, N.D. New York · Aug 11, 2005

Establishing such facts requires going beyond the allegations of the pleadings. Weinstock v. Columbia University, 224 F.3d 33, 41 (2d Cir.2000). … Clearly, plaintiff was aware of Watkins’ actions, but there is no evidence in the record showing that he requested any sort of accommodation to limit or prevent this evangelization.

Morgan v. Parmiter

District Court, N.D. New York · Mar 29, 2022

Plaintiff alleges defendant Cheryl Parmiter ("Parmiter"), the Director of the Inmate Grievance Program, is responsible for "establishing a pattern and practice of circumventing clearly established policy that governs DOCCS … or immunities secured by the Constitution and laws' of the United States."

Courtney v. Nationwide Mutual Fire Insurance

179 F. Supp. 2d 8 · District Court, N.D. New York · Mar 28, 2001

manual which pertains to insuring similar risks, and testimony of the insurer’s underwriter or other qualified employee.” … The evidence submitted “must clearly show that the misrepresentation ... induced an action which the insurer would not have otherwise taken.” Pascarella, 993 F.Supp. at 137 (citations omitted).

Hamlett v. City of Binghamton

District Court, N.D. New York · Aug 23, 2021

A plaintiff asserting a claim under Title VII may establish a prima facie case by showing that (1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse employment … The City argues that this claim should be dismissed because 7 (1) Hamlett has not set forth sufficient allegations to establish that he was qualified

Chapman v. Hunt

248 F. 160 · District Court, N.D. New York · Jan 24, 1918

Chapman was thereafter in due course appointed trustee of the bankrupt’s estate and duly qualified as such. The petition was filed May 13, 1916. … The facts stipulated, in connection with the exhibits in evidence, show and establish: I.

Parkinson

District Court, N.D. New York · Jun 16, 2026

immunity. … District Judge 8 The Court therefore need not address Simmons’s qualified immunity argument.

ANDREW H. BY IRENE H. v. Ambach

600 F. Supp. 1271 · District Court, N.D. New York · Dec 31, 1984

Clearly, under Oberlander , no such property interest may be found in the present situation. The reimbursement rates for each school under the new procedures are set at the commencement of the school year. … Section 504 of the Rehabilitation Act provides: No otherwise qualified handicapped individual in the United States, as defined in section 706(6) of this title, shall, solely by reason of his handicap, be excluded from the

Hilts v. Ellis Hospital

District Court, N.D. New York · Aug 14, 2024

A state court decision is “contrary to” clearly established C. … established federal law.

Saaidi v. CFAS, LLC

740 F. Supp. 2d 357 · District Court, N.D. New York · Sep 17, 2010

That requirement is clearly met here since the retaliatory conduct alleged in the EEOC complaint occurred on or after August 25, 2007. Accordingly, EDIFI’s argument in this regard is without merit. … Initially, it is well settled that informal protests, such as Saaidi’s complaint to management, qualify as “protected activity.” Sumner v. U.S. Postal Serv., 899 F.2d 203, 209 (2d Cir.1990).

White v. Mielnicki

District Court, N.D. New York · Sep 30, 2025

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. … Feb. 26, 2010) (“It is by now fairly well settled that risking the loss of good time credits or jeopardizing the chance for parole, alone, does not qualify as sufficiently compulsive to meet the test.”), report-recommendation

Akinlawon v. Mayo

District Court, N.D. New York · Mar 11, 2024

ANALYSIS Akinlawon seeks relief pursuant to Section 1983, which establishes a cause of action for " 'the deprivation of any rights, privileges, or immunities secured … Moreover, the Court notes that an action is frivolous as a matter of law when, inter alia, "the factual contentions are clearly baseless, such as when allegations are the product of delusion or fantasy." Livingston v.

Coley v. Garland

District Court, N.D. New York · Jan 20, 2023

immunity. … It also demonstrates that he clearly understood DOCCS’ inmate grievance policy and could navigate it when he wished to pursue a grievance.