Case law

Williams v. Pelosi

District Court, N.D. New York · Jun 11, 2024

No. 1 at 4.2 Upon entering the establishment, The defendant Zachary Pelosi ambushed and attacked everyone who entered said establishment without warning or provocation … The statement of the claim Plaintiff's IFP application and determines she financially must do more than present “an unadorned, the-defendant- qualifies to procced IFP.

United States v. Reilly

875 F. Supp. 108 · District Court, N.D. New York · Dec 16, 1994

Qualifying that definition, the Court added that “[a]n open field need be neither ‘open’ nor a ‘field’ as those terms are used in common speech. … Depew, 8 F.3d 1424, 1427 (9th Cir.1993) (“A distance of 50-60 feet ... clearly does not compel a finding of curtilage.”).

New Cingular Wireless PCS, LLC v. Town of Fenton

843 F. Supp. 2d 236 · District Court, N.D. New York · Jan 4, 2012

Use variances are generally applied to specified uses within an established zoning district. … While “[t]he TCA clearly establishes procedural requirements that local boards must comply with in evaluating cell site applications^]” the applicable substantive standards to be applied are derived from the established principles

Puleo v. Masonic Medical Research Institute

District Court, N.D. New York · Sep 28, 2023

Moreover, Plaintiff concedes that she was not qualified for the position. See Complaint, at ¶ 65 (“Plaintiff was not qualified to hold Mrs. … Oct. 16, 2018) (“Plaintiff’s subjective belief that she was more qualified for the position, without any evidence showing she was clearly more qualified, is insufficient to show that race or national origin played a motivating

Jarvis

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

financially qualifies to proceed IFP.* Pursuant to this review, this Court must now assess the merits of plaintiff's complaint and motion pursuant to 28 U.S.C. §§ 1915, 1915A.4 ll. … 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

United States v. Boylan

256 F. 468 · District Court, N.D. New York · Mar 3, 1919

Y., to Joseph Beal, the sole executor in said will named, who duly qualified as such. … Clearly there was no compliance with the statute.

Jolly v. Excelsior College

District Court, N.D. New York · Jun 12, 2020

As part of the test application, plaintiff was asked to enter the date she graduated from a program that would make her qualified to work as an RN. Id. at 25-26. … Accordingly, plaintiff cannot hope to plausibly establish a claim of defamation when her complaint on several occasions establishes that the only harmful statement she alleges defendant made is uncontrovertibly true.

Koeller v. Numrich Gun Parts Corporation

District Court, N.D. New York · Dec 20, 2023

The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. … Settlement Class Members who qualify for and wish to submit a Claim Form shall do so in accordance with the requirement and procedures specified in the Notice and the Claim Form.

i3 Assembly, LLC v. United States

District Court, N.D. New York · Feb 12, 2020

In its Complaint Plaintiff alleges that it was “advised . . . that the application of the [First and Second Seizures] was clearly improper and that the matter would be resolved,” again without describing any specific conversation … Williams, 514 U.S. 527, 531 (1995) (holding that courts should “constru[e] ambiguities in favor of immunity” when confronted with a potential waiver of sovereign immunity).

Wisner v. Farquhar

154 F.R.D. 39 · District Court, N.D. New York · Apr 5, 1994

The defendant clearly had knowledge that the sidewalk was sloped and without handrails. … Thus, the court must first be satisfied that a prima facie case has been established. Only then will the finder of fact be called upon to determine proximate cause.

Loomis v. ACE American Insurance Company

District Court, N.D. New York · Mar 24, 2022

“Restated, if a person qualifies as an insured under the liability section of the policy, he must also qualify under the uninsured motorists section or the insurance contract violates public policy.” Id. … Here, it is undisputed that Plaintiff qualifies as an insured under the UIM provision read into the XSA Policy.

N.Y.S. Law Enforcement Officers Union Council 82 v. Cuomo

346 F. Supp. 3d 256 · 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.

Stafford v. Morris

161 F. 113 · District Court, N.D. New York · Apr 11, 1908

When old elements, each having a function of its own, are assembled into one device, and each there performs its old function in the old way, no one being qualified by the other, and .the *119 final result is simply the combined … The Patent Office clearly had the whole prior art before it and gave these claims careful attention and consideration.

Petty v. Bono

District Court, N.D. New York · Jul 28, 2022

(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). … Section 1964 establishes a private right of action for individuals who are harmed by racketeering activity. 18 U.S.C. § 1964.

Benny Gabriel Torres Torres v. Department of Veterans Affairs, et al.

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

Given its lack of clarity, the Complaint is clearly subject to dismissal. … Plaintiff has failed to establish that such information is relevant or necessary to the litigation of this matter and the request, therefore, is denied. I.

Normann v. Amphenol Corp.

956 F. Supp. 158 · District Court, N.D. New York · Feb 3, 1997

No. 99-514, 100 Stat. 2085 (1986), plan sponsors were required to amend certain benefit formulas in order to retain the tax advantages enjoyed by qualified pension plans. … ERISA clearly places emphasis on the summary plan descriptions as a means of communicating plan provisions.

Merrill v. Copeland

District Court, N.D. New York · Jun 30, 2020

“Giving information to the police that is known to be false qualifies as the commencement of a prosecution.” Rivers v. Towers, Perrin, Forster & Crosby Inc., No. 07–cv–5441, 2009 WL 817852, at *3, 2009 U.S. Dist. … that witnesses with criminal records cannot be used to establish probable cause.

Robinson v. Wright

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

(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). … Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (“It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.”). VI.

Hogan v. Lewis County, New York

District Court, N.D. New York · Oct 16, 2020

Frank, 855 F.2d 956, 962 (2d Cir. 1988) (“Unlike the private prosecutor, the public prosecutor is absolutely immune from suit for malicious prosecution. … Div. 2d Dep’t 2001) (“Once a qualified privilege is shown to exist, the burden of proof shifts to the plaintiff to establish that the communication was not made in good faith but was motivated solely by malice.”).

Walker v. Flynn

District Court, N.D. New York · Jun 27, 2022

(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)(B). … claim under Title VII may establish a prima facie case by showing that (1) he is a member of a protected class; (2) he was qualified for the position he held; (3) he suffered an adverse employment action; and (4) “the adverse