Case law

NY ST. TEAMSTERS CONF. PENS. & RET. FUND v. Hoh

554 F. Supp. 519 · District Court, N.D. New York · Aug 13, 1982

To remove these dangers, specific standards were established to assure that welfare funds would be established only for purposes which Congress considered proper and expended only for the purposes for which they were established … Geoghegan, supra, 403 F.2d at 116 (only employees and former employees may qualify as beneficiaries of a trust.

United States v. Kambeitz

256 F. 247 · District Court, N.D. New York · Mar 7, 1919

When put in motion to effect the object or purpose for which constructed or established, they are in use or operation. … Clearly the property stolen by defendants was derived from the operation of the transportation system; that is, by means of and because of the operation and use of the system.

Cushing v. Moore

783 F. Supp. 727 · District Court, N.D. New York · Jan 29, 1992

Complete diversity of citizenship clearly does not exist in this case. All of the defendants are alleged to be residents of New York State. … Therefore, in order to have maintained her § 1983 action, the plaintiff in Luna had to establish that she was deprived of a right protected by the FDA regulations.

Kahmann v. Reno

928 F. Supp. 1209 · District Court, N.D. New York · May 31, 1996

In May 1985 plaintiff was turned down for promotion to a permanent, full-time position, while three less-qualified males were promoted from intermittent to permanent positions. … Plaintiff's letter of May 17, 1990, to Griego clearly sets forth the discrepancy in the calculations and the solution. For example, according to McCabe the average number of overtime days for 1988 was 55. (See Pl.'

Dubois v. Beaury

District Court, N.D. New York · Jul 29, 2021

Only if Plaintiff has stated a plausible claim of a constitutional violation does the issue of immunity come into play. … immunity depending on whether his job normally entailed this form of conduct and whether he was authorized to make such administrative decision).

Alvarez v. Bause

District Court, N.D. New York · Feb 3, 2023

Water Auth., 757 F.3d 31, 55–62 (2d Cir. 2014) (granting qualified immunity after determining that a relationship with a fiancée was not clearly established under the right to intimate association); City Univ. of New York … Although the court dismissed the claim predicated on the defense of qualified immunity, id. at 1109, it nevertheless reached the merits.

Jackson v. Jimino

506 F. Supp. 2d 105 · District Court, N.D. New York · Apr 17, 2007

Based upon the record, we were unable to clearly define the contours of that and other statements, hence the denial of the Motion. … We respectfully disagree with Defendants’ characterization of Judge Sharpe’s rulings that this dependent clause — viewing most favorably — qualifies his dispositive finding on public concern.

Lewis v. Affiliated Enterprise Solutions, LLC

District Court, N.D. New York · Apr 17, 2024

“A reasonable accommodation is one that ‘enable[s] an individual with a disability who is qualified to perform the essential functions of that position . . . … Thus, if Plaintiff files an amended complaint, he is directed to include facts regarding his remote work as appropriate to establish venue. B.

Lamere v. New York State Office for the Aging

223 F.R.D. 85 · District Court, N.D. New York · Jun 29, 2004

[A] witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the … Aug. 22, 2002) (“A treating physician who • may be called to testify clearly falls within the definition of an expert as that term is used in Rule 26(a)(2)(A).”). B.

Burton v. Harder

District Court, N.D. New York · Mar 22, 2022

Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for "'the deprivation of any rights, privileges, or immunities secured … Mar. 30, 2018) ("It is . . . well-settled that the routine experiences of prison life do not qualify as extraordinary circumstances ...

Arnold v. Town of Camillus, New York

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

Further, Plaintiff maintains that the examples provided in the amended complaint clearly demonstrate the existence of a such a policy and that they are sufficient to satisfy the third and fourth prongs of establishing Monell … In addition, where "the individual defendants violated plaintiff's rights but nonetheless enjoy qualified immunity," a plaintiff can pursue a Monell claim. Bonilla v. Jaronczyk, 354 Fed.

Amaker v. Gerbing

District Court, N.D. New York · Jan 14, 2020

or dismiss the complaint, or any portion of the complaint, if the complaint . . . is frivolous, malicious, or fails to state a claim upon which relief may be granted; or... seeks monetary relief from a defendant who is immune … “In order to establish a prima facie violation under these acts, [an inmate] must show that (1) he is a qualified individual with a disability; (2) DOCCS is an entity subject to the acts; and (3) he was denied the opportunity

Miller v. James

District Court, N.D. New York · Sep 27, 2024

immunity. … Pidlypchak, 389 F.3d 379, 383 (2d Cir. 2004) (“[S]tanding is no issue whenever the plaintiff has clearly alleged a concrete harm independent of First Amendment chilling.

General Mills, Inc. v. Chobani, LLC

158 F. Supp. 3d 106 · District Court, N.D. New York · Jan 29, 2016

The Court found that this commercial “implied that Coke is not pure” and, given that there was “no evidence suggesting” that to be to true, this was a “misrepresentation of the nature and qualify of Coke.” Id. … Product safety is clearly an “inherent quality or characteristic” sufficient to meet the materiality requirement. .

Casey v. Baker

212 F. 247 · District Court, N.D. New York · Mar 21, 1914

Eacey, of Boston, Mass., was duly appointed trustee of his estate in bankruptcy, and qualified as such. … Lacey, duly qualified to act as such trustee, and is now acting as the trustee of the estate of said bankrupt. “Third.

Buczakowski v. 1199SEIU

District Court, N.D. New York · Jun 7, 2021

Plaintiff contends that, because she was suspended, she was not qualified under the CBA to bid. Id. … To establish a prima facie case of disability discrimination under the ADA, the plaintiff must show that: “(1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified

Knight v. County of Cayuga

District Court, N.D. New York · Oct 9, 2019

To establish an FMLA retaliation claim sufficient to survive a motion to dismiss under Rule 12(b)(6), a plaintiff must show: (1) she exercised rights protected under the FMLA; (2) she was qualified for her position; ( … Nor do they argue that she was not qualified for her position.

In re Beede

138 F. 441 · District Court, N.D. New York · Jun 5, 1905

Clearly she has none, and she does not acquire any by the celerity of her movements in seizing and selling property under it. … But the lien, as against the unfiled chattel mortgage, is established.

Cavallo v. Utica-Watertown Health Ins. Co., Inc.

985 F. Supp. 72 · District Court, N.D. New York · Nov 10, 1997

Each plan must be established and administered pursuant to a written document. 29 U.S.C. § 1102 (a)(1). … This provision clearly contemplates the possibility that actual charges may be less than DRG Rate based payments.

Rogers-Carroll v. Marlboro Central School District

District Court, N.D. New York · Jul 8, 2025

Bakatsias’ refusal to accept the first letter from Plaintiff’s neurosurgeon, which stated clearly the dangers Plaintiff faced if she returned, and the directive that she could not work in the school building 3 “[D]ocuments … “To establish a disability, a plaintiff must: (1) ‘show that she suffers from a physical or mental impairment’; (2) ‘identify the activity claimed to be impaired and establish that it constitutes a major life