Case law

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

Lauro v. Community

District Court, N.D. New York · Jan 3, 2024

dismiss the case at any time if the court determines that the action is (i) 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 … Mar. 31, 2017) (landlord was not a state actor despite its “accept[ance of] subsidized rental payments from the Town[ ] . . . for qualified low-income tenants”).

Parker v. Ercole

582 F. Supp. 2d 273 · District Court, N.D. New York · Oct 15, 2008

That determination was not contrary to or an unreasonable application of clearly established Supreme Court precedent. … Taylor, the Supreme Court declared that "the rule set forth in Strickland qualifies as "clearly established Federal law [.]”” 529 U.S. 362, 391 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). 11 .

Harper v. Cuomo

District Court, N.D. New York · Apr 20, 2021

Because the Court makes this finding, it does not reach the question of whether the Report-Recommendation’s objective prong analysis is clearly erroneous. … “In order to establish a prima facie violation under these acts, [a plaintiff] 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

Ronald Hester v. Detective David Salle

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

The party seeking summary judgment “bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish [his] right to judgment as a matter of law.” Rodriguez v. … However, given the questions of fact already discussed herein, the Court is unable to determine as a matter of law that Defendants’ actions did not “violate ‘clearly established statutory or constitutional

Berry v. New York State Department of Correctional Services

947 F. Supp. 647 · District Court, N.D. New York · Dec 6, 1996

The burden is on the plaintiff to establish the reasonableness of both the number of hours worked and the rate charged. See Hensley v. … City of Buffalo, 770 F.Supp. 108 (W.D.N.Y.1991), Judge Curtin awarded a “well qualified and experienced” attorney $175 per hour for work performed in the late 1980s and early 1990.

Wilson v. Great American Industries, Inc.

94 F.R.D. 570 · District Court, N.D. New York · Mar 12, 1982

Requirements of Rule 23(a) In order to qualify for class certification, all the requirements of Rule 23(a) must be met. Rule 23(a) reads: (a) Prerequisites to a Class Action. … Defendants also argue that this plaintiff will not be able to establish that he relied on the Proxy. This argument misconceives the role of reliance in cases involving material omissions of fact.

Pass & Seymour, Inc. v. Hubbell Inc.

532 F. Supp. 2d 418 · District Court, N.D. New York · Jul 23, 2007

In light of this presumption, at trial an accused infringer attempting to establish invalidity is required to establish that defense by clear and convincing evidence. Id. … Regardless of the nature of the claim being asserted, in order to qualify for such extraordinary equitable relief, a plaintiff must establish that absent the entry of a preliminary injunction it will suffer irreparable harm

United States v. Green

136 F. 618 · District Court, N.D. New York · Mar 13, 1905

and to establish probable cause against the defendant, Green. … Beavers had well-established and well-defined duties to perform in this regard.

Ranieri v. Adirondack Dev. Group, LLC

164 F. Supp. 3d 305 · District Court, N.D. New York · Feb 22, 2016

James, 144 F.3d 229, 236 [2d Cir.1998]); see also Davis, 505 F.3d at 100 (holding that “[a] valid license ... immunizes the licensee from a charge of copyright infringement, provided that the licensee uses the copyright as … Therefore, the reuse fee clearly does not apply to units constructed on different projects.

In Re Associated Gas & Electric Co.

11 F. Supp. 359 · District Court, N.D. New York · Jun 17, 1935

The argument for this construction is that section 77A established an entirely distinct bankruptcy jurisdiction, defined and limited by the provisions of section 77B. … Clearly, jurisdiction over the subject-matter attaches when the petition is filed and over the person when properly brought in.

Marshall v. Sam Dell's Dodge Corp.

451 F. Supp. 294 · District Court, N.D. New York · May 18, 1978

However, facilities which are “primarily for the benefit or convenience of the employer” do not qualify as wages. 29 C.F.R. § 531 .-32(c). … Clearly, the cars were valuable and necessary tools.

McCall v. Saul

District Court, N.D. New York · Apr 23, 2020

Second, the ALJ noted that there “is significant work activity after the date first insured,” but concluded that “the 5 record does not clearly establish that the claimant has engaged in substantial gainful activity … Plaintiff has not established further limitations than those included in the RFC.

United States v. Rock Royal Co-Op., Inc.

26 F. Supp. 534 · District Court, N.D. New York · Feb 23, 1939

The establishment of minimum prices which handlers are required to pay producers of each class of milk.” … The court does not find any sections of the act which clearly and definitely authorize such payments. If there be none, the order does not comply with the statute and should not be enforced.

Johnson v. Owens

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

an Eighth Amendment claim because he was not deprived food or drinking water; (4) Plaintiff failed to exhaust his administrative remedies; and that (5) Defendants are entitled to qualified immunity. … “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.

State of NY v. Sullivan

802 F. Supp. 752 · District Court, N.D. New York · Oct 6, 1992

Such an analysis revolves around establishing the validity of the audit process. … Clearly, the regulation is ambiguous in that it does not define under what circumstances a federal agency must accept or reject claimed adjustments by a state.

United States v. Harrison

48 F. Supp. 3d 381 · District Court, N.D. New York · Sep 29, 2014

Defendant then affirmed that he understood the mandatory minimum sentence that would be imposed: THE COURT: Do you clearly understand that at this time moment you are facing a mandatory minimum sentence of ten years which … Thus, unless defendant succeeds in establishing the foregoing ineffective assistance claim or otherwise establishes that his consent to the plea agreement was not knowing and voluntary, the plea agreement’s waiver provision

Sherwin v. Indianapolis Colts, Inc.

752 F. Supp. 1172 · District Court, N.D. New York · Dec 8, 1990

As the arbitrator stated in Sampson, “if there was a contention on the part of Sampson that the doctors ... did not perform according to some ‘standard,’ the action clearly must be against them, not against the Oilers. … With respect to the “nexus” requirement of section 302(a)(1), the court determined that the physician was present on the ship when passengers boarded in New York, and effectively held himself out as a qualified doctor who

Riley v. Empire Airlines, Inc.

823 F. Supp. 1016 · District Court, N.D. New York · Jun 17, 1993

strike punitive damages claim of non-unionized employee against employer, court followed Brown to deny motion, noting that “the rationale of Delpro is based on the balance of power between unions and management which is clearly … See Delpro, 579 F.Supp. at 1336 (“To allow a threat of unpredictable punitive awards against employers, where unions sitting opposite them at the bargaining table are immune from such threats, would unfairly multiply the

Bond v. Dentzer

325 F. Supp. 1343 · District Court, N.D. New York · Apr 16, 1971

will stretch to divert or abstain when valid and new distinctions can be found to limit the open door policy of unrestricted entry if the choice be made continuously to file in the federal court system when competent and clearly … The courts of New York, in my experience as a New York lawyer and federal judge sitting in New York, are manned by qualified judges with the same capacity to construe federal constitutional questions as the federal judges