Case law

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.

Saraceni v. Retting

District Court, N.D. New York · Mar 28, 2024

In that email, Plaintiff stated that it was “clearly evident” that Mr. Shearer had provided Mr. … Sanders had control over the work she was assigned in that field agent position (which undisputedly was in a different area under a different manager), and the other evidence instead clearly establishes that he did not

Knapp

District Court, N.D. New York · Feb 26, 2026

essential functions of the job”; or that (c) he suffered a qualifying “adverse employment action.” … Likewise, defendants’ accusation that plaintiff was a “sick leave abuser” and their threats of dis- cipline are sufficient to establish a retaliation claim. Id. at 8.

Krey ex rel. All Persons Similarly Situated Formerly Known All Persons Similarly Situated v. Cuomo

340 F. Supp. 3d 109 · 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.

National Circle, Daughters of Isabella v. National Order of Daughters of Isabella

252 F. 815 · District Court, N.D. New York · Aug 1, 1918

And that a contract pursuant thereto had been prepared and was submitted for the consideration of the hoard, and which also recited and stated that “The National Circle, Daughters of Isabella,” had never qualified to do business … Clearly the defendant corporation was first to enter and do business in the state of Illinois and use the name “Daughters of Isabella” therein.

Cargill, Inc. v. Sears Petroleum & Transport Corp.

334 F. Supp. 2d 197 · District Court, N.D. New York · Aug 27, 2004

Clearly, the ’793 patent itself contemplates a composition whose utility is not necessarily limited to direct application on road pavement surfaces. See Golight, Inc. v. … Sears has also claimed, but appears now to lack any evidence establishing, that ClearLane Liquid Plus infringes the ’793 patent. 33 .

Spetalieri v. Kavanaugh

36 F. Supp. 2d 92 · District Court, N.D. New York · Dec 22, 1998

Defendants further assert that they are immune from liability because they disclosed the tape to the media after it had become common knowledge. Defendants rely on Forsyth v. … Thus, an “intention to indemnify must be clearly implied from the language and purposes of the entire agreement, and the surrounding facts and circumstances.” Margolin v.

Brooks v. Hogan

District Court, N.D. New York · Jun 1, 2020

“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal . . . .” Machicote v. … Even assuming, as Plaintiff asserts, that specific treatment for exhibitionism exists and that CNYPC has qualified professionals willing to provide that treatment, (Dkt.

Delosh

District Court, N.D. New York · Mar 3, 2026

The record in this case establishes unequivocally that Plaintiff had vision issues in his left eye. … Even assuming this was error, it was clearly harmless.

Brooks v. Sullivan

District Court, N.D. New York · Jun 1, 2020

“[E]ven a pro se party’s objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate’s proposal . . . .” Machicote v. … Even assuming, as Plaintiff asserts, that specific treatment for exhibitionism exists and that CNYPC has qualified professionals willing to provide that treatment, (Dkt.

FRIE BOULEVARD TRIANGLE CORP. v. City of Schenectady

250 F. Supp. 2d 22 · District Court, N.D. New York · Mar 11, 2003

Village of Somerset, 316 F.3d 702 , 723 n. 28 (7th Cir.2003) (looking to the text of the ordinance, any preamble or express legislative findings associated with it, and studies and information of which legislators were clearly … their businesses have operated for many years without adversely affecting the City or neighborhoods is not based on any empirical or other tangential evidence, but upon the conclusory statement of Erie’s treasurer that was qualified

Lillian Roberts Dir. of Dist. Council 37, Afscme ex rel. Situated v. Cuomo

339 F. Supp. 3d 36 · 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.

Brown v. Rensselaer County Jail

District Court, N.D. New York · Jan 4, 2023

Similarly, 28 U.S.C. § 1915A(b) — arguable basis in law, or a dispositive defense directs a court to review any “complaint clearly exists on the face of the complaint.’ … No. 1) is established that a correctional facility, such GRANTED; and it is further as the Clinton County Jail, cannot be independently sued because it is not a distinct ORDERED that the clerk

Variscite NY Four, LLC and Variscite NY Five, LLC v. New York State Cannabis Control Board, et al.

District Court, N.D. New York · Jun 11, 2026

Additionally, in this District, a request for a temporary restraining order made through an order to show cause “must include an affidavit clearly and specifically showing good and sufficient cause why the standard motion … Accordingly, given that Plaintiff has failed to establish the requisite showing of irreparable harm, Plaintiffs’ Renewed Motion as to the December Pool is denied.

United States v. Kavoukian

180 F. Supp. 2d 402 · District Court, N.D. New York · Jan 14, 2002

In the case at hand, Defendant’s Sixth Amendment right to counsel clearly attached, and there is no dispute that Defendant is represented by counsel in regards to the indicted charges. … They also discussed whether a pretrial ruling should be sought to determine whether the misdemeanor conviction qualifies as a predicate offense to § 922(g)(9). For these reasons, Defendant’s motion is DENIED.

Szarka v. Reynolds Metals Co.

17 F. Supp. 2d 115 · District Court, N.D. New York · Aug 26, 1998

The Union, however, has submitted unre-futed evidence establishing the necessary facts. … The seniority lists further establish that Richards was not recalled to Recovery until eight months after plaintiff. Id.

Mulroy v. Block

569 F. Supp. 256 · District Court, N.D. New York · May 5, 1983

Concluding that the statute did not lay down rules for the guidance of state legislatures, that it did not qualify the President’s authority by reference to the basis or extent of the state’s limitations on production, that … Securities & Exchange Commission, 329 U.S. 90 , 67 S.Ct. 133 , 91 L.Ed. 103 (1946), the Supreme Court announced that for delegation purposes it is “constitutionally sufficient if Congress clearly delineates the general policy

Dungan v. The Academy at Ivy Ridge

249 F.R.D. 413 · District Court, N.D. New York · May 14, 2008

Plaintiffs Have Established the Rule 23(a) Factors (a) Plaintiffs Have Established Numerosity. … Therefore, Plaintiffs have established numerosity. (b) Plaintiffs Have Established Commonality.

P.G. v. Jefferson County, New York

District Court, N.D. New York · May 17, 2023

Furthermore, if an injunction “is not clearly based on the merits, a court should not resolve the uncertainty in favor of a finding that plaintiff prevailed.” Id. (citation omitted). … This argument fails in light of well- established precedent.

American Automobile Manufacturers Ass'n v. Cahill

973 F. Supp. 288 · District Court, N.D. New York · Aug 5, 1997

NAAQS were established for carbon monoxide, ozone, lead, nitrogen dioxide, sulfur dioxide and particulates. See 40 C.F.R. Part 50. … The Second Circuit has clearly stated that the ZEV sales mandate itself does not violate the Act. MVMA III, 17 F.3d at 536-37 .