Case law

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.

Amrod v. YouGov

District Court, N.D. New York · Dec 5, 2023

at any 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 … Venue The Court finds no clear error in the Magistrate Judge Stewart's conclusion that the complaint has not clearly pled that this District is the proper venue

Troise v. SUNY Cortland NY

District Court, N.D. New York · Jan 8, 2021

Prima Facie Case To establish a prima facie failure-to-hire claim under Title VII, a plaintiff must show that: “(1) he is a member of a protected class, (2) he was qualified for … Defendant argues that Plaintiff cannot establish the second prong of a prima facie case of discrimination because he was not qualified for the position for which he applied. (Dkt. No. 66- 19, at 16).

Khan

District Court, N.D. New York · Jul 23, 2026

This is because “the admission and exclusion of foreign nationals is a ‘fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.’” Dep’t of State v. … Plaintiff commenced this action on August 3, 2025, approximately fifteen months after the petition became documentarily qualified.

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.

Hilts

District Court, N.D. New York · Mar 27, 2026

Remaining State Law Claim Having established that Plaintiff's claim pursuant to 42 U.S.C. … As a result, there 1s clearly a lack of complete diversity, and no diversity jurisdiction exists in this case. See Butler ° v. Geico Gen. Ins. Co., 2019 WL 330591, at *3 (N.D.N.Y.

United States v. State of NY

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.

Hartley v. United Student Rentals

District Court, N.D. New York · Jan 3, 2025

Plaintiff's IFP application demonstrates that he financially qualifies to proceed IFP.' 1 Plaintiff is advised that although he has been granted IFP status, like all plaintiffs receiving such status, he is still required … “Section 1983 itself creates no substantive rights[, but] provides . . . only a procedure for redress for the deprivation of rights established elsewhere.” Burrell v. DOCCS, 655 F.

Cayuga Indian Nation of New York v. Village of Union Springs

317 F. Supp. 2d 128 · District Court, N.D. New York · Apr 23, 2004

The Nation thereafter requested that defendants’ counterclaim be dismissed due to tribal sovereign immunity. … However, since the Nation has met its burden of establishing that the Property is Indian Country, the defendants now have the burden to establish that there is a genuine issue for trial regarding same.

Donohue v. New York

347 F. Supp. 3d 110 · District Court, N.D. New York · Sep 24, 2018

This language clearly indicates that the State is promising the continuation of coverage. … The CBAs clearly provide that Plaintiffs would receive the health insurance coverage that was in effect at the time of their retirement.

Sweet v. Astrue

32 F. Supp. 3d 303 · District Court, N.D. New York · Nov 20, 2012

Likewise, the ALJ clearly felt that the website evidence suggested a greater capacity to perform work-related activities than assessed by Dr. … Plaintiff argues that the ALJ weighed the “website” evidence too strongly and did not adequately consider Plaintiffs attempts to qualify/modify the statements posted on his websites.

Winnie v. Sinagra

District Court, N.D. New York · Aug 18, 2025

But coercion—i.e., “the use of force or threat of force to restrict another's freedom of action”— “does not qualify as a predicate act under RICO.” See Mackin v. Auberger, 59 F. … New York State officials, in their official capacities, “for lack of subject-matter jurisdiction under the doctrine of Eleventh Amendment immunity”).

Oleniacz v. West

District Court, N.D. New York · Feb 16, 2024

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v. … immunity.

Jarvis

District Court, N.D. New York · Oct 15, 2025

ANALYSIS Plaintiff brings this action pursuant to 42 U.S.C. § 1983, which establishes a cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States … Plaintiff's allegations against Judge Donovan clearly relate to actions that are judicial in nature and, therefore, he is entitled to judicial immunity.

Lynch v. City of Little Falls

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

In Plaintiff's trial brief, he argued that evidence of his criminal convictions or other lawsuits should be precluded, and that a jury instruction on qualified immunity is not warranted. See Dkt. … Finally, the "standard of relevance established by the Federal Rules of Evidence is not high." United States v. Southland Corp., 760 F.2d 1366, 1375 (2d Cir. 1985).

Car-Freshner Corporation v. Just Funky LLC

District Court, N.D. New York · Nov 25, 2019

Abandonment does not create a question of law because courts have clearly defined what constitutes abandonment. … P. 19 clearly defines what constitutes a necessary and indispensable party. Fed. R. Civ. P. 19.

Jarvis

District Court, N.D. New York · Jan 27, 2026

The undersigned has reviewed plaintiff's IFP application and determines that she financially qualifies to proceed IFP.? … § 1331, she fails to establish that the existence of federal question jurisdiction.

Wrobleski v. Miller

District Court, N.D. New York · Dec 2, 2019

“Legal frivolity . . . occurs where ‘the claim is based on an indisputably meritless legal theory [such as] when either the claim lacks an arguable basis in law, or a dispositive defense clearly exists on the face of the … Section 1983 claims do not abrogate the Eleventh Amendment immunity of the states. See Quern v. Jordan, 440 U.S. 332, 340-41 (1979).

Everson v. Onondaga County

District Court, N.D. New York · Sep 5, 2023

A plaintiff must also establish a causal connection—an affirmative link—between the policy and the deprivation of his constitutional rights. City of Oklahoma City v. … McAvoy, United States District Judge, Section 1915(g) clearly prevents plaintiff from proceeding accepted the Report and Recommendation of Magistrate in this action without prepayment of the filing fee.

Frazier v. Ward

426 F. Supp. 1354 · District Court, N.D. New York · Feb 17, 1977

It is an understatement to describe these witnesses as eminently qualified by educational background in their particular fields affecting correctional problems. … There is clearly no constitutional stature to this claim under the evidence presented.