Case law

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.

Hamza v. Midas, Inc

District Court, N.D. New York · Sep 11, 2023

After reviewing plaintiff's IFP application, the undersigned determines that plaintiff financially qualifies to proceed IFP for purposes of filing. … 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

Centennial Life Insurance v. Nappi

956 F. Supp. 222 · District Court, N.D. New York · Feb 25, 1997

Presumably the individual remains disabled and does not return to work and thus would not qualify for further benefits even in the case of an additional disabling injury or sickness. … This court will not read an ambiguity into a contract when the contract is clearly unambiguous on its face. Nappi’s conjunctive versus disjunctive argument also must fail.

Regenbogen v. Mustille

908 F. Supp. 1101 · District Court, N.D. New York · Dec 5, 1995

He alleges that he is Jewish and that OMH terminated him rather than a less qualified non-Jewish DQA at El-mira Psychiatric Center. … He establishes that he is a member of a protected class and that he lost his job, but he does not establish that his discharge took place under circumstances creating an inference of discrimination.

Oneida Indian Nation of New York State v. Oneida

434 F. Supp. 527 · District Court, N.D. New York · Jul 12, 1977

In considering these four factors, attention will focus principally upon the facts relating to the Oneida Indian Nation of New York. 20 The Oneida Indian Nation of New York has clearly established itself as a tribe within … The proof clearly establishes that the United States never consented to the 1795 purchase.

Julio Isley Smith, et al. v. John Doe #1, et al.

District Court, N.D. New York · Nov 5, 2025

Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for " 'the deprivation of any rights, privileges, or immunities … Any amended complaint must contain a caption that clearly identifies, by name, each individual that plaintiff is suing in the present lawsuit and must bear the case number assigned to this action.

New York ex rel. Schneiderman v. Utica City School District

177 F. Supp. 3d 739 · District Court, N.D. New York · Apr 18, 2016

However, even where the document is clearly considered integral, “it must be clear on the record that no dispute exists regarding the authenticity or accuracy of the document.” DiFolco v. … Importantly for this element, “[t]here is no numerical talisman” that must be pleaded to establish parens patriae standing.

Waltos v. United States

District Court, N.D. New York · Sep 19, 2025

More specifically, Plaintiff argues as follows: (a) although a “special employer” is not statutorily defined in New York, case law clearly demonstrates that the principal factors to be considered in rendering this determination … See Makarova, 201 F.3d at 113-14 (“The doctrine of sovereign immunity is jurisdictional in nature . . . , and therefore to prevail, the plaintiff bears the burden of establishing that her claims fall within an applicable

Canadian St. Regis Band of Mohawk Indians v. New York

97 F.R.D. 453 · District Court, N.D. New York · Mar 8, 1983

The first requirement, numerosity, is clearly satisfied by plaintiffs’ unchallenged assertion that the defendant class would number at least 810 persons. … The State contends that, since only it may assert a defense based on 11th Amendment immunity, and only the non-State defendants may assert a defense based on the recording act, that the requirement of typicality of defenses

Hunter v. HD Lee Co., Inc.

563 F. Supp. 1006 · District Court, N.D. New York · Feb 15, 1983

Clearly, the law will not strike down a contract merely because one party was in a better bargaining position than the other. … “At will” employment contracts give the employee the absolute freedom to quit at any time and assure employers of employing the most highly qualified workers.

Flores

District Court, N.D. New York · Apr 30, 2026

The undersigned has reviewed plaintiff's IFP application and determines that she financially qualifies to tt proceed IFP.? … Although plaintiff has established diversity of citizenship, she has failed to establish diversity jurisdiction because the complaint makes clear that the amount in controversy is well below the $75,000 threshold required

Doolittle v. Ruffo

882 F. Supp. 1247 · District Court, N.D. New York · Mar 15, 1994

Alternatively, the County Defendants assert that even if this practice does violate plaintiffs’ constitutional rights, the individual defendants are entitled to qualified immunity. 15 *1261 In response, plaintiffs present … First, it is important to definitively establish the exact nature of plaintiffs’ claims. The complaint as written is, as stated above, not a model of clarity.

MacInerney, PhD v. Allen

District Court, N.D. New York · Aug 12, 2021

(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 from such relief.” 28 U.S.C. § 1915(e)(2). … Plaintiff pleads no facts that would establish that Defendant’s conduct amounted to state action. See McGugan v.

Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co.

238 F. Supp. 3d 314 · District Court, N.D. New York · Feb 24, 2017

Keeping the court’s gatekeeping role in mind, Utica has established that Connolly’s experience qualifies him to opine on insurance industry custom and practice respecting the use of aggregate limits in products liability … Utica has established he is qualified, his opinion is reliably based, and his testimony will assist the trier of fact.

Brown v. UPS United Parcel Service Incorp.

District Court, N.D. New York · Apr 21, 2023

A state court's A state court decision is “contrary to” clearly established findings “will not be overturned on factual grounds unless fs . . . … A state procedural bar decision to admit those statements was not contrary to, qualifies as an “ ‘independent and adequate’ state law ground and did not involve the unreasonable application of, clearly where ‘the

Costin v. Glens Falls Hospital

District Court, N.D. New York · Feb 15, 2023

The Court finds that the allegations in the amended complaint are sufficient to establish standing to seek injunctive relief under the ADA. … To assert a claim under the ADA, a plaintiff must establish "that (1) they are 'qualified individuals' with a disability; (2) that the defendants are subject to the ADA; and (3) that plaintiffs were denied the opportunity

Schleuderer v. Town of Woodstock

District Court, N.D. New York · Sep 23, 2025

Plaintiff clearly met this requirement. The Complaint, in conspicuous, bold lettering, reads: FILED: ULSTER COUNTY CLERK 12/23/2024 03:10 PM. See Compl. at 1. … “It is well established, however, that when papers are mailed to the clerk's office, filing is complete . . . upon the clerk's receipt of those papers.” 1 Citations to the parties’ filings refer to the pagination generated

Chicago Pneumatic Tool Co. v. Smith

890 F. Supp. 100 · District Court, N.D. New York · Jun 26, 1995

Consequently, in Smith’s view, clearly this pension dispute was arbi-trable. … That dicta, from the Eighth Circuit, clearly is of extremely limited precedential value here.

Oudekerk

District Court, N.D. New York · Jul 1, 2026

"When determining whether a prisoner has qualified for the 'imminent danger' exception, courts look at the non-conclusory allegations in the plaintiff’s complaint." Welch v. … Appx. 260, 262 (5th Cir. 2006) (allegations of past attacks by inmates and prison officials which allegedly occurred six weeks before complaint was filed were insufficient to establish imminent danger); Foust v.

Donohue v. Paterson

715 F. Supp. 2d 306 · District Court, N.D. New York · May 28, 2010

The court based its finding on the immunity that states and state agents receive under the Eleventh Amendment. … [and i]n short, the city clearly sought to tailor the plan as narrowly as possible to meet its unforeseen shortfalls.” 6 F.3d at 1020-21 (footnote and citations omitted).