Case law

Fusco v. Rome Cable Corp.

859 F. Supp. 624 · District Court, N.D. New York · Aug 4, 1994

threatened, or endangered in the enjoyment of what he claims to be his rights, to initiate the proceedings against his tormentor and remove the cloud by an authoritative determination of plaintiff’s legal right, privilege and immunity … Generally, "it is the situation at the time suit was filed that establishes the existence vel non of an actual controversy.” BP Chemicals Ltd. v.

Dearstyne v. Mazzuca

48 F. Supp. 3d 222 · District Court, N.D. New York · Mar 3, 2011

For the reasons that follow, this Court finds that Petitioner has established that the Appellate Division’s ruling was an unreasonable application of clearly established Supreme Court law. … Plainly, the trial court’s suppression ruling was contrary to clearly established Supreme Court precedent.

Ryder v. Czajka

District Court, N.D. New York · Feb 4, 2025

punitive damages against Defendant Columbia County District Attorney’s Office and Defendants Czajka and Carty in their official capacity survive the above-stated arguments, those claims must be stricken, because it is clearly … established that no claim for punitive damages lies against a governmental entity.

Tompkins v. R.J. Reynolds Tobacco Co.

92 F. Supp. 2d 70 · District Court, N.D. New York · Mar 3, 2000

With Plaintiffs having failed to establish that Mr. … Cummings is not qualified to testify as an expert under the standard set forth in Dauhert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993).

Washburn

District Court, N.D. New York · May 6, 2026

The undersigned has reviewed plaintiff's IFP application and determines that he financially qualifies to proceed IFP.2 This Court must now assess the merits of plaintiff's complaint pursuant to 28 U.S.C. §§ 1915; 1915A … time if the court determines that . . . the action or appeal (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

VDARE Foundation, Inc. v. James

District Court, N.D. New York · Sep 13, 2023

VDARE proposed that Defendant identify specific contractors about which she was concerned, and VDARE could otherwise identify any contractor that might qualify as a "related party" within the meaning of New York law. … Thus, the State Supreme Court concluded that VDARE had "not established that the Subpoena would impair [its] own First Amendment rights." See id.

Auerbach v. Kinley

594 F. Supp. 1503 · District Court, N.D. New York · Oct 10, 1984

In a case remarkably similar to the instant case, the court stated: The State concedes that it is possible for a student to establish domicile at the university community. … The factors, at best, are irrelevant or inappropriate in determining the locus of the students’ primary concern and at worst are clearly designed to discriminate against students.

Williams v. FBI

District Court, N.D. New York · Nov 7, 2024

Plaintiff's Complaint to qualified immunity. (Id.) As a result of the Court's prior decisions (Dkt. … immunity political activities when Mr.

Globalrock Networks, Inc. v. MCI Communications Services, Inc.

943 F. Supp. 2d 320 · District Court, N.D. New York · May 6, 2013

(a franchise agreement cannot alone establish a fiduciary relationship). … Given the timetable, plaintiff clearly had sufficient time to ponder the agreement and opportunities to explore other options.

Bond v. Sterling, Inc.

997 F. Supp. 306 · District Court, N.D. New York · Mar 11, 1998

“[P]regnancy-related complications usually will not qualify a woman for ADA protection.” Lacoparra v. Pergament Home Centers, Inc., 982 F.Supp. 213, 228 (S.D.N.Y.1997). … Defendants, however, were not clearly on notice plaintiff stated such a claim prior to this Court’s decision. The Court will not penalize them for failure to include specific denials in this respect.

Rivas v. New York Lottery

District Court, N.D. New York · Aug 23, 2022

“It is well- established that New York has not consented to § 1983 suits in federal court, and that § 1983 was not intended to override a state’s sovereign immunity.” Mamot v. Bd. of Regents, 367 F. … Dismissal may be appropriate, however, “where the complaint facially shows noncompliance with the limitations period and the affirmative defense clearly appears on the face of the pleading.’” In re S.

Roman

District Court, N.D. New York · Aug 13, 2026

"A court should exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds." Coleman v. Durkin, 585 F. Supp. 3d 208, 212 (N.D.N.Y. 2022). … Qualified Immunity, Dismissed Matters, and Procedural History Plaintiff argues that the Court should preclude discussion of qualified immunity, dismissed claims, and the procedural history of the case, such as

In re Stewart

178 F. 463 · District Court, N.D. New York · Apr 14, 1910

Lenox was duly appointed trustee of the estate of said bankrupt, and he duly qualified as such and took possession of the bankrupt's property. … Claimants having claims against the estates of bankrupts must establish them at their own expense.

Pendas v. Runyon

933 F. Supp. 187 · District Court, N.D. New York · Jul 11, 1996

That is, the plaintiff may establish a prima facie case of age discrimination either by indirect evidence showing: “(1) that he was within the protected age group; (2) that he was qualified for the job; (3) that he was discharged … Clearly, the burden of a plaintiff to show constructive discharge is not light.'

Clark v. Hall

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

IFP Application The Court has reviewed Clark’s IFP application and concludes that he financially qualifies to proceed IFP. See Dkt. No. 7. … Waco, 502 U.S. 9, 9-10 (1991) (per curiam) (“With minor exceptions, judges are entitled to absolute immunity for actions relating to the exercise of their judicial functions.”; “Judicial immunity applies even when the

Casale v. Reo

522 F. Supp. 2d 420 · District Court, N.D. New York · Nov 7, 2007

These facts establish that frequent transfers were a typical and expected part of Plaintiffs job as a teacher’s aide. … Clearly, Plaintiff cannot argue that her transfer to School 14 was adverse or would be thought to be adverse by any reasonable employee such that it would prevent them from engaging in protected speech.

NXIVM Corp. v. O'Hara

241 F.R.D. 109 · District Court, N.D. New York · Feb 9, 2007

Although an attorney-client relationship is clearly established after this date, their collective belief, at that time, that all of the conversations and communications were protected is misplaced and totally erroneous. … In this regard, Discipline Rule 7-102(B)(l) states that “a lawyer who receives information clearly establishing that [t]he client has, in the course of the representation, perpetrated a fraud upon a person or tribunal shall

Perrone v. Catamount Ski Resort, LLC

District Court, N.D. New York · May 9, 2024

“Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” United States v. Paredes, 176 F. Supp. 2d 179, 181 (S.D.N.Y. 2001) (citation omitted). … Gale testifying that he is unable to “do a calculation that would establish whether certain types of padding would prevent certain injuries”). Mr.

Ditullio v. Village of Massena

81 F. Supp. 2d 397 · District Court, N.D. New York · Jan 26, 2000

Plaintiff does not qualify under the definition set forth at 29 C.F.R. § 1630.2 (j)(l)(i) because he is able to perform the major life activities that the average person in the general population can perform. … The statute clearly sets forth the bounds of permissible examinations or inquiries.

Stanley ex rel. D.M.S. v. Commissioner of Social Security

32 F. Supp. 3d 382 · District Court, N.D. New York · Mar 31, 2014

Indeed, the evidence clearly demonstrates that Claimant has a marked limitation in at least two of the domains. i. … Those assessments, which should have been afforded controlling weight, establish a marked limitation as to this domain. 7 *398 3.