Case law

Westinghouse Electric & Mfg. Co. v. Binghamton Ry. Co.

255 F. 378 · District Court, N.D. New York · Jan 22, 1919

Clearly it was no longer controlled by section 23 of the ordinance of 1872. … Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community.’ “In Atlanta Coast Lino R. R. Co. v. Goldsboro, 282 U.

United States v. Moreno

997 F. Supp. 2d 165 · District Court, N.D. New York · Feb 19, 2014

Moreno further argues that this delay qualifies as “uncommonly long.” Def.’s Mem. 5. … However, the Government’s evidence does not establish that Moreno had fled to parts unknown. Rather, it establishes that Moreno was still living in the same areas of New York City he had always frequented.

Zook v. Legenhousen

District Court, N.D. New York · Jun 10, 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.”

Aquilio v. Police Benevolent Ass'n of New York State Troopers, Inc.

857 F. Supp. 190 · District Court, N.D. New York · Jun 15, 1994

There is a difference though between the elements necessary to establish a claim for equitable estoppel and those necessary to establish a claim for promissory es-toppel. … plaintiff characterizes the 1985 letter as a SPD or a plan description, 40 when that letter is compared to section 1022, which comprehensively lists what must be contained in such documents, there is no doubt that it cannot qualify

Sears, Roebuck and Co. v. Sears Realty Co., Inc.

932 F. Supp. 392 · District Court, N.D. New York · Jul 22, 1996

Sears be qualified to settle this matter on behalf of your client.” Dec. 1, 1993 Letter, Def.’s Exh. 1. Counsel for Sears Roebuck, William R. Hansen, gave assurances that Mr. … Express Reservation of Intent Not to be Bound At least one party to the instant dispute clearly expressed an intention not to be bound absent a formal writing.

Emrit

District Court, N.D. New York · Jul 31, 2026

After reviewing plaintiff's in forma pauperis application, the undersigned determines he financially qualifies to proceed IFP.* Accordingly, the undersigned must review the sufficiency of plaintiff's complaint pursuant … at 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

Shidagis v. Broome County Sheriff's Office

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

(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.”).

Oncay v. Inflasafe USA, Inc

District Court, N.D. New York · Mar 19, 2021

Supp. 3d 156, 167 (S.D.N.Y. 2015) (noting that documents retrieved from official government websites, including state and county websites, were “clearly proper” subjects of judicial notice). … to the loss-of-support claim sufficiently establish liability on that claim.

State of NY v. Blank

820 F. Supp. 697 · District Court, N.D. New York · May 5, 1993

Capital Mutual has clearly satisfied this threshold burden. Through the affidavits of its counsel, Alan J. … Such Declarations Pages are commonly kept in the industry and, according to Bervy, prepared at the time the policy is executed/thus qualifying them as business records. See Fed.

Kronstein v. Albany County

District Court, N.D. New York · Sep 22, 2023

Defendants, in seeking summary judgment, “bear[] the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish [their] right to judgment as a matter of law.” … Otherwise Qualified to Perform the Essential Functions of a Correction Officer A “plaintiff claiming that an employer failed to offer a reasonable accommodation bears the burden of establishing that an accommodation

Benedetto v. New York State Office of Children and Family Services

District Court, N.D. New York · Jul 20, 2020

To qualify as an adverse employment action, “an action must cause ‘a materially adverse change in the terms and conditions of the employment.’” Henry, 18 F. Supp. 3d at 404 (quoting Mathirampuzha v. … Nor, for the reasons stated below, are vague allegations of “less desirable shifts” sufficient to establish an adverse employment action at this stage.

McNellis v. Raymond

287 F. Supp. 232 · District Court, N.D. New York · Jul 8, 1968

No one was more clearly indebted to Raymond than was Donald. … Under these circumstances, to grant Donald an immunity from his obligation of repayment would make a mockery of the elemental duty owed by a debtor to a creditor.

Vanderbilt Minerals, LLC v. Sub-Technical, Inc.

District Court, N.D. New York · Oct 8, 2019

"[W]here the parties have not clearly expressed the duration of a contract, the courts will imply that they intended performance to continue for a reasonable time." Haines v. New York, 41 N.Y.2d 769, 772 (1977). … Thus, Smith's opinion could not qualify as a lay opinion. Additionally, although it is unclear whether Defendant proffers Smith as an expert, Smith's opinion could not qualify as an expert opinion.

Badlam v. Reynolds Metals Co.

46 F. Supp. 2d 187 · District Court, N.D. New York · Apr 19, 1999

Under the 1994 policy, supervisors were clearly charged with a duty to inform Reynolds of any harassment of which they were aware. … Apr. 7, 1998) (“Certainly, if it has not been established that a union is liable for its acquiescence, then it has not been established that Title VII shoulders unions with an affirmative obligation to maintain a harassment

Darling v. Sise

District Court, N.D. New York · Oct 25, 2024

Section 1915(g) clearly prevents plaintiff from proceeding in this action without prepayment of the filing fee. … That statute “establishes a cause of action for ‘the deprivation of any rights, privileges, or immunities secured by the Constitution and laws’ of the United States.” German v. Fed. Home Loan Mortg. Corp., 885 F.

New York State Thruway Authority v. Level 3 Communications, LLC

734 F. Supp. 2d 257 · District Court, N.D. New York · Aug 11, 2010

Level 3 contends that the FCC is uniquely qualified to determine if the Riders effectively prevent it from providing telecommunications services and, if so, thus subject them to preemption under Section 253. … In noting that § 253(c) establishes concurrent jurisdiction between the Court and the agency, the Court does not find that the FCC lacks discretionary authority to decide the issues in the case. Clearly they can.

Wenger Ex Rel. Wenger v. Canastota Central School District

961 F. Supp. 416 · District Court, N.D. New York · Apr 14, 1997

Given the severity of Steven’s physical and mental condition, the evidence before the hearing officer clearly established that the special education and related services provided pursuant to Steven’s 1994-95 IEP were reasonably … Moreover, Plaintiff does not qualify under the exceptions to the exhaustion requirement in that resort to the administrative process would not be futile, the agency has not adopted a policy or practice of general applicability

Scarville v. Living Resources Corporation

District Court, N.D. New York · Sep 21, 2022

Clearly, there must still be enough fact set out (however set out, whether in detail or in a generalized fashion) to raise a right to relief above the speculative level to a plausible level. See Rusyniak, 629 F. … (“In order to establish a failure-to-rehire claim, a plaintiff must ‘first establish a prima facie case of discrimination or retaliation . . . .’”) (quoting Yetman v. Capital Dist. Transp. Auth., 669 F.

Baker v. E.I. Dupont De Nemours and Co.

District Court, N.D. New York · Sep 13, 2024

DuPont since the records establish that by themselves. … carried its burden of establishing sufficient relevancy to warrant denial of this Motion.

Feringa v. Andrews

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

Dkt. 77-8, p. 2 (noting that “reasonable accommodation” qualifies as authorized absence). … Feringa also clearly understood that she had an obligation to monitor her absence occurrences, and had previously requested that they be reduced when she thought she had a qualifying reason.