Case law

Hensel v. City of Utica

District Court, N.D. New York · Mar 25, 2020

Otherwise Qualified The Court dispenses quickly with Defendant’s first argument. … Conn. 2014) (“Defendant clearly was aware of Plaintiff’s disability, and, thus, was under an obligation to engage in an interactive process regarding a reasonable accommodation.”).

Miller v. Catholic Charities

District Court, N.D. New York · Feb 20, 2024

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. … New York. granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).

Zalewski v. T.P. Builders, Inc.

875 F. Supp. 2d 135 · District Court, N.D. New York · Jun 19, 2012

See Axelrod, 2007 WL 708798 , at *10 (stating that “[t]he architectural work need not be novel; bluntly, the vast majority of works qualify, no matter how crude, humble, or obvious.”) … But, establishing prima facie originality does not automatically deem a work protected. S. Conceptual Nature of Plaintiffs’ Home Plans Clearly, unoriginal works are unprotectable. See Boisson, 273 F.3d at 268 .

Thompson v. Schenectady City School District

District Court, N.D. New York · Sep 25, 2025

“An employee’s complaint may qualify as protected activity” when “the employee has a good faith, reasonable belief that the underlying challenged actions of the employer violated [Title VII].” Kelly v. Howard I. … Amendment to these claims would be futile because the doctrine of election of remedies deprives this Court of jurisdiction, and Defendant is immune from punitive damages.

Pittman v. Billings

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

The plaintiff must establish a causal connection between the protected conduct or speech and the adverse action. Id. at 380. … Legal Standards The Eleventh Amendment provides that states have immunity against suits in federal court. Pennhurst State Sch. & Hosp. v.

Spells v. Van Hoesen

District Court, N.D. New York · Dec 12, 2022

immunity with respect to Spells’ malicious prosecution claim. … To rebut this presumption, the plaintiff must provide evidence beyond his version of events sufficient to “establish[] that the [defendant] witnesses have not made a complete and full statement of facts . . . that they have

Stewart Park & Reserve Coalition, Inc. v. Slater

225 F. Supp. 2d 219 · District Court, N.D. New York · Sep 30, 2002

The mere presence of the crane was insufficient to establish the land as a type enumerated under the statute. Here, the Stewart Buffer Lands are not home to any endangered species. … Oregon Nat’l Resources Council, 490 U.S. 360, 378 , 109 S.Ct. 1851 , 104 L.Ed.2d 377 (1989) (“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified

Newcombe

District Court, N.D. New York · Aug 18, 2026

Charash is qualified to testify as to those issues. (Id.) 3. … These opinions are very clearly not expounding the same standard of care, and therefore a question exists that can only be resolved by a factfinder’s consideration of those competing opinions.

Robert F. v. North Syracuse Central School District

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

The moving party bears the burden of establishing that evidence is inadmissible for any purpose and so properly excluded on a motion in limine. See United States v. Pugh, 162 F. … Sheinkopf's declaration is clearly misplaced inasmuch as that paragraph does not contain Dr. Sheinkopf's opinion; it is merely summarizing the findings of someone else's study. See Dkt.

Klein v. Goetzmann

770 F. Supp. 78 · District Court, N.D. New York · Jul 12, 1991

The Supreme Court in Chevron held that, for a new rule of law to qualify for prospective application, a judicial decision “must establish a new principle of law, either by overruling clear past precedent on which litigants … may have relied, ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed.”

Buckhout v. New York State, State University of New York, Upstate Medical University

District Court, N.D. New York · Feb 16, 2022

Plaintiff also fails to establish a triable issue of fact as to whether she could perform the essential functions of her job. … Here, although Defendants offered the May 10 letter in their moving papers, they do not rely on that letter in their motion and clearly object to its admissibility.

Hendrix v. Martuscello

District Court, N.D. New York · Sep 27, 2021

To establish a violation of Title II of the ADA, a plaintiff must establish three elements: (1) the plaintiff is a qualified individual with a disability;19 (2) the defendants are subject to the ADA; and (3) the plaintiff … As discussed above in Part II.E. of this Decision and Order, to establish a violation of Title II of the ADA and Rehabilitation Act, a plaintiff must establish three elements: (1) the plaintiff is a qualified individual with

Dibble v. Fenimore

488 F. Supp. 2d 149 · District Court, N.D. New York · May 15, 2006

“Congress has directed the Secretary ... to establish boards of civilians, which ‘may correct any military record of that department when [the Secretary] considers it necessary to correct an error or remove an injustice.’ … asserts that Plaintiffs claims are non-justiciable because uniformed military personnel may not bring employment discrimination claims against the armed forces or military superiors pursuant to the doctrine of intra-military immunity

In re Harper

175 F. 412 · District Court, N.D. New York · Jan 4, 1910

He qualified and entered on the discharge of his duties. Thereafter the said company, hereafter called the “Peninsular Company,” filed its duly itemized and verified claim with the referee. … before the referee, unless some other mode of establishing and liquidating same is directed.

Balentine v. Red

District Court, N.D. New York · Oct 11, 2023

evidence outweighs its prejudicial effect to that defendant; and (2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing … "The statute 'provides DOCCS employees immunity from lawsuits based on acts or omissions within the course of their employment.

Wiser v. Enervest Operating, L.L.C.

803 F. Supp. 2d 109 · District Court, N.D. New York · Mar 22, 2011

Defendants have counterclaimed requesting a declaration that the governor’s July 2008 memorandum qualifies as a force majeure for purposes of the relevant lease provision and results in an extension of the primary lease term … Paterson approved a bill that extends uniform gas well spacing rules and establishes boundary setbacks to protect the interests of adjacent property owners.

Rizzo-Puccio v. College Auxiliary Services, Inc.

71 F. Supp. 2d 47 · District Court, N.D. New York · Oct 8, 1999

Clearly, Mr. … Defendants have clearly violated this rule and are instructed to abide by Second Circuit rules in the future.

Welch Allyn, Inc. v. Tyco International Services AG

200 F. Supp. 2d 130 · District Court, N.D. New York · May 14, 2002

The final Polaroid factor is the sophistication of relevant consumers. *145 Plaintiff urges that purchasers such as physicians, hospital purchasing agents, and health care workers are not “trademark experts” and are not immune … The factors of bad faith and the likelihood of bridging the gap favor Defendants, while the remaining factors have not been shown to clearly favor Plaintiff.

Ptak v. Commissioner of Social Security

District Court, N.D. New York · Sep 22, 2025

Substantial evidence is a “very deferential standard of review—even more so than the ‘clearly erroneous’ standard.” Brault v. Soc. Sec. Admin., Comm’r, 683 F.3d 443, 448 (2d Cir. 2012). … The ALJ found that plaintiff’s medical history established that he suffered from general anxiety disorder, depressive disorder, and intellectual disability. R. at 17–18.

Jones v. Smithkline Beecham Corp.

309 F. Supp. 2d 343 · District Court, N.D. New York · Mar 17, 2004

If the movant is able to establish a prima facie basis for summary judgment, the burden of production shifts to the party opposing summary judgment who must produce evidence establishing the existence of a factual dispute … Rule 7.1(a)(3) very clearly provides that: [t]he opposing party shall file a response to the Statement of Material Facts.