Case law

Chesebro v. Town of Guilderland

District Court, N.D. New York · Aug 19, 2019

In the present matter, the Court finds that Defendant has established good cause to vacate the entry of default. … However, "an accommodation is reasonable only if its costs are not clearly disproportionate to the benefits that it will produce." Borkowski v. Valley Cent. Sch.

Claudio v. Hickey

District Court, N.D. New York · Jul 8, 2024

Department of Health and Human Services.3 Id. is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). … Accordingly, I will deny clearly exists on the face of the complaint.’ ” Aguilar v. plaintiff's motion to proceed in the case IFP.

Finn v. State of New York

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

Compl. at 9 ¶ 22, that is insufficient to qualify under any of Sybalski’s tests. Even assuming otherwise, any claim based on that alleged conduct would be clearly time-barred. … If measured from the date on which the alleged fraud occurred; i.e., April 24, 1984, Finn’s claim is clearly untimely.

Kampfer v. Argotsinger

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

“To establish a procedural due process violation, a plaintiff ‘must: (1) identify a property right; (2) establish that governmental action with respect to that property right amounted to a deprivation; and (3) demonstrate … , qualified immunity, or personal involvement.

Karedes v. Village of Endicott

254 F. Supp. 2d 276 · District Court, N.D. New York · Mar 31, 2003

The privilege, however, does not encompass “commentary on the proceeding or ... additional facts not established in the proceedings.” Id., 1991 WL 280688 at *3 (citations omitted). … Therefore, if the Court finds that the February 25, 2001 article itself is a fair and true report then the allegedly offensive headline will also be entitled to § 74’s absolute immunity.

Emrit v. The Grammys Awards on CBS

District Court, N.D. New York · Jun 21, 2024

man or African-American,” in violation of “the Civil Rights Act of 1964” and the “Americans with Disabilities Act of 1990 (the “ADA”), Equal Protection Clause, Due Process Clause, Fourth Amendment, and Privileges and Immunities … That said, “even 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.

Moulton v. County of Tioga, New York

District Court, N.D. New York · Jul 19, 2023

Accepting the well-pled factual assertions in the Amended Complaint as true, however, Plaintiff has clearly alleged Sheriff Howard’s animus to Plaintiff’s aspirations. See, e.g., Terry v. … While Defendants are correct about the existence of such a privilege, the established privilege is qualified, and such qualification fails where a defendant acted with actual malice. See Goldstein v.

Panayoty v. Annucci

898 F. Supp. 2d 469 · District Court, N.D. New York · Aug 16, 2012

Bonilla further explains that the crowns, which are customary for men to wear, are utilized during Parliaments to symbolize status within NGE and alerts newer or less experienced members of someone “qualified to answer some … DOCCS Directive #4202 establishes the rules and regulations pertaining to religious worship and facility accommodation of various beliefs/practices.

Innes

District Court, N.D. New York · Feb 23, 2026

The record clearly reflects that the CMC defendants were plaintiff’s employer. … It is not reasonably in dispute that plaintiff is covered by the ADA or that her termination qualifies as an adverse employment action. See Perez v. New York Presbyterian/Weill Cornell Med.

Burgdorf v. Betsy Ross Nursing and Rehabilitation Center Inc.

District Court, N.D. New York · Jan 5, 2023

. § 1915, which provides that the court shall dismiss (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)( … To the extent plaintiff alleges that the defendants alleged use or threat of force to prevent him from leaving BRNRC constituted coercion, it has been held that such conduct does not qualify as a predicate act under RICO.

Rev. Steven Soos v. Cuomo

District Court, N.D. New York · Jun 26, 2020

Because it was not raised in time for plaintiffs to offer any response to it, the court will not consider the legislative immunity argument at this juncture. The same is true of the new sovereign immunity argument. … No. 33, Attach. 4 at 5-7), Governor Cuomo clearly has authority over the New York State Police and broad powers of enforcement, see N.Y. Exec.

Wade v. Tiffin Motorhomes, Inc.

686 F. Supp. 2d 174 · District Court, N.D. New York · Oct 27, 2009

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. 9 *184 Finally, in reviewing a … pauperis ] at any time if the court determines that ... the action ... is frivolous or malicious^] ... fails to state a claim on which relief may be grantedf,] ... or ... seeks monetary relief against a defendant who is immune

Mulqueen v. Herkimer County

District Court, N.D. New York · Aug 2, 2023

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 … Recently, pursuant to Iqbal, and in the context of the appeal of a qualified immunity issue, the Second Circuit 3 These factors were: (1) the defendant participated

Ulico Casualty Co. v. Clover Capital Management, Inc.

335 F. Supp. 2d 335 · District Court, N.D. New York · Sep 14, 2004

Ulico contends that the evidence adduced at trial clearly demonstrate that Clover failed to act in accordance with the prudent person standard set forth in ERISA by failing to investigate whether the 1995 liquidation to cash … He is qualified to testify regarding portfolio management and CMO investment.

McGregor v. Astrue

993 F. Supp. 2d 130 · District Court, N.D. New York · Jul 12, 2012

If a claimant’s impairment “manifests only some of those criteria, no matter how severely,” the impairment does not qualify. Sullivan, 493 U.S. at 530 , 110 S.Ct. 885 . … The record established that Plaintiffs impairment satisfied the paragraph (A) requirements.

Kane v. City of Ithaca

District Court, N.D. New York · Oct 30, 2019

not a qualifying disability under the ADA because it does not substantially limit a major life activity, (b) Plaintiff cannot establish a claim for failure to provide a reasonable accommodation, and (c) Plaintiff cannot … Oct. 4, 2019).54 “At the first step, a plaintiff must establish a prima facie case of sex discrimination by demonstrating that ‘(1) she was within the protected class; (2) she was qualified

Hernandez v. Kwiat Eye and Laser Surgery, PLLC

District Court, N.D. New York · Jan 24, 2023

Therefore, since Plaintiff failed to meet the requirements for employment as set forth in the Agreement, the Court finds that Plaintiff has not established that she was qualified for her position in order to make her prima … Monge's LinkedIn profile, Plaintiff concluded that her replacement was "clearly much younger (by decades)" than her. See id.

Link v. Marshall Hotels & Resorts, Inc.

District Court, N.D. New York · Oct 29, 2021

To Oasis’s mind, those allegations are not enough to establish the employer/employee relationship essential to the NYLL’s protections. … But despite how clearly that case seems to line up with these facts at first blush, Shetty is inapposite nonetheless.

Long v. Annucci

District Court, N.D. New York · Dec 12, 2023

No. 108, Attach. 9 at 20.8) To establish a prima facie violation under either Title II of the ADA or the Rehabilitation Act,9 a plaintiff must show that (1) he is a qualified individual with a disability … See 8 Defendants also contend that Long failed to proffer evidence that he was discriminated against because of his disability, and that Long’s claims are barred by sovereign immunity. (Dkt.

Dunn v. Onondaga County Medical Examiner's Office

District Court, N.D. New York · Jul 6, 2023

Analysis Plaintiff brings this action pursuant to Section 1983, which establishes a cause of action for “‘the deprivation of any rights, privileges, or immunities … Id. relief against a defendant who is immune from such relief.” 28 (citing Bell Atl. Corp. v. Twombly, 550 U.S. at 555).