Case law

Straight Line, L.L.C. v. Madigan

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

can qualify as a fraudulent misrepresentation if ‘the maker knows or believes [the statement] to be materially misleading because of his failure to state additional or qualifying matter[s].’” … No. 7 at 10-12), it was clearly erroneous for Bankruptcy Court to find that there was no evidence that remedial actions by appellants would have mitigated their loss.

Thompson v. New York State Corrections and Community Supervision

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

Supp. 2d 290, 296 (E.D.N.Y. 2013) (quotation omitted); see also Booth, 2023 WL 7647777, at *1 (stating that "[p]roperly raised objections must be 'specific and clearly aimed at particular findings' in the report" (quoting … "'[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.

Mashoud

District Court, N.D. New York · Mar 4, 2026

In the decision, USCIS concluded Petitioner had "not established that [he was] a person of good moral character because of his unlawful act and [he had] not established any extenuating circumstances that would warrant … "The APA generally provides a waiver of the United States' sovereign immunity for suits seeking relief other than monetary damages brought by '[a] person suffering legal wrong because of agency action, or adversely affected

Soberanis

District Court, N.D. New York · May 4, 2026

The undersigned has reviewed plaintiff's IFP application and determines that he financially qualifies to proceed IFP.2 This Court must now assess the merits of plaintiff's complaint pursuant to 28 U.S.C. … 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

Oneida Indian Nation of New York State v. County of Oneida

199 F.R.D. 61 · District Court, N.D. New York · Sep 25, 2000

Clearly that is import of the allegations highlighted above, however. … In fact, the Oneidas go so far as to declare that in light of those two decisions, “[r]arely is a [c]ourt faced with claims as clearly established as those contained in the Amended Complaint.” Oneida PI. Memo, at 19.

Jones v. Westchester County

District Court, N.D. New York · May 18, 2021

When a hospital contracts with the State to regularly provide medical services to prisoners, the hospital and its physicians generally qualify as state actors. See, e.g., West v. … Jane Doe qualifies as a state actor. Nevertheless, Plaintiff’s allegations that Dr.

Thomas v. Mohawk Valley Health System

District Court, N.D. New York · Nov 5, 2020

Frederick’s brain certification established that Ms. … “In order to establish a violation of § 504 [of the Rehabilitation Act], a plaintiff must show (1) that he has a disability for purposes of the Rehabilitation Act, (2) that he is ‘otherwise qualified’ for the benefit that

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

District Court, N.D. New York · Sep 12, 2024

That factual basis may be incomplete, but that is an issue “| that clearly goes to the weight of her opinions, not whether they have some basis in fact. … An individual may be qualified to offer expert testimony “by knowledge, skill, experience, training, or education.” FED. R. EVID. 702.

Niagara Mohawk Power Corp. v. Consolidated Rail Corp.

291 F. Supp. 2d 105 · District Court, N.D. New York · Nov 6, 2003

If a defendant does not qualify for the special exception, it may establish that it “contributed at most to only a divisible portion of the harm.” Id. … The defendant bears the burden of establishing divisibility of harm. *120 Id.

Lewis v. Redline Hockey, LLC

District Court, N.D. New York · Apr 17, 2024

under the ADA requires a plaintiff to show: “(1) the defendant is covered by the ADA; (2) [the] plaintiff suffers from or is regarded as suffering from a disability within the meaning of the ADA; (3) [the] plaintiff was qualified … Apr. 30, 2015) (“Because [the plaintiff] does not explain how that level of access is insufficient for his purposes, he falls short of establishing that the regular usage fee constitutes an unreasonable burden.”).

Executive Trim Construction, Inc. v. Richardson

District Court, N.D. New York · May 20, 2025

(Id.).4 Richardson subsequently emailed Lacusky from his Executive email account, copying Claypool, in regard to getting Merric pre-qualified to potentially serve as a “back-up contractor” for a project Plaintiff had … Therefore, the Court finds that Plaintiff has not established that it is likely to succeed on its trade secret claim. b.

Jackson v. County of Ulster

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

California, 551 U.S. 249, 254 (2007) (quotation and internal quotation marks 2 At this time, Defendants do not argue that they are entitled to qualified immunity. See, generally, Dkt. Nos. 25, 27. … Nevertheless, Plaintiff has clearly sufficiently alleged that Defendants lacked probable cause to arrest him. See Dkt. No. 20 at ¶¶ 16-35.

Crews v. The City of Ithaca

District Court, N.D. New York · Jan 26, 2021

"If there is not a qualified female available the shift commander will be notified to make arrangements to provide one. … The record clearly indicates that Plaintiff engaged in protected activity and that Defendants were aware of Plaintiff's activity.

United States v. Gilkeson

431 F. Supp. 2d 270 · District Court, N.D. New York · May 9, 2006

with the Seibert interrogation. 19 The [Elstad] Court, indeed, took care to mention that the officer’s initial failure to warn was an “oversight” that “may have been the result of confusion as to whether the brief exchange qualified … The police conduct in this case clearly does violate Miranda and its progeny and implicates the deterrence rationale.

Gandhi v. NYS Unified Court System

District Court, N.D. New York · Oct 25, 2021

“Although the Court understands the rationale behind this theory, it has been clearly rejected by New York courts.” Id. (citing Phillip v. Sterling Home Care, Inc., 103 A.D.3d 786, 787 (2nd Dep’t 2013)). … To survive a motion to dismiss, Plaintiff need not establish a prima facie case, Swierkiewicz v. Sorema N.

Saunders v. Ryan

District Court, N.D. New York · Feb 3, 2021

A plaintiff must (1) establish that he has a qualifying “disability,” (2) demonstrate that he lacks access to a given government resource due to his disability, and (3) suggest a plausible accommodation to remedy that lack … A plausible accommodation is one “the costs of which, facially, do not clearly exceed its benefits.” Henrietta D., 331 F.3d at 280 (quoting Borkowski v. Valley Cent. Sch.

United States v. Moran

349 F. Supp. 2d 425 · District Court, N.D. New York · Jan 5, 2005

See Roberson, 872 F.2d at 611 (“If state agreements that immunize criminal defendants from state charges could bind federal prosecutors, state prosecutors would be able to usurp federal prosecutorial discretion.”); Fuzer, … The June 16 Warrant Application clearly states, however, that the toll records were obtained by subpoena, negating this argument. 7 .

Macri v. Herkimer County

District Court, N.D. New York · Sep 27, 2023

qualified for her position; (3) she suffered an adverse employment action; and (4) [the adverse action occurred under] circumstances [that] give rise to an inference of discrimination.” … Macri maintains that, while she “did not invoke protected status by not complaining specifically about gender discrimination, [she] has shown that her [c]omplaints” to Nagele and Billings “were worded in such a was as to clearly

Cohen v. S.U.P.A. Inc.

814 F. Supp. 251 · District Court, N.D. New York · Feb 24, 1993

Plaintiff, in order to succeed on his claim, must establish either direct evidence of discrimination, Price Waterhouse v. … Once the plaintiff establishes a prima facie case of discrimination, defendants must articulate a legitimate nondiscriminatory reason for their employment decision.

Perrone v. Catamount Ski Resort, LLC

District Court, N.D. New York · Jul 18, 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.” … Scher is qualified to give expert testimony regarding Plaintiff’s injuries and mechanism of injury. See Dkt. No. 64-13 at 8; see also Jeffery v.