Case law

Engles v. Corigliano

District Court, N.D. New York · Feb 4, 2025

Plaintiff further requests that the Court order that he be examined by “qualified GSS Doctor Moustafa Hassan whom has approved this needed surgery…” Id. … involved in either plaintiff's medical treatment, or scheduling and approving medical procedures, a request for injunctive relief against non-parties is available only under very limited circumstances, none of which are clearly

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.

Herse v. Sheehan

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

The RICO statute sets forth a list of acts that qualify as racketeering activity and includes “any act or threat involving . . . extortion . . . which is chargeable under State law and punishable by imprisonment for more … In furtherance of this goal, the FDCPA “establishes certain rights for consumers whose debts are placed in the hands of professional debt collectors for collection.” DeSantis v.

Beckwith v. The City of Syracuse

District Court, N.D. New York · Sep 30, 2025

Plaintiff waived immunity and testified about the events leading up to his arrest and his arrest. Def. Stat. ¶ 136; see Grand Jury Tr. at 40:19–73:1. … For malicious prosecution claims under New York law, “any termination of a criminal prosecution, such that the criminal charges may not be brought again, qualifies as a favorable termination, so long as the circumstances

The Cleveland Marble Mosaic Company v. Bette & Cring, L.L.C.

District Court, N.D. New York · Aug 9, 2021

First, the Second Circuit has made clear that even repeated business activities while physically present in New York are insufficient to establish that a party was doing business within New York. … Clearly, under such circumstances, if plaintiff can be immune from the dictates of the statute, then the statute becomes meaningless. Berkshire Eng'g Corp., 29 Misc. 2d at 1014–15.

Hurley v. Ithaca City School District - Board of Education

District Court, N.D. New York · Apr 22, 2020

LEGAL STANDARD FOR INITIAL REVIEW OF COMPLAINT Ordinarily, the finding that Plaintiff does not qualify for IFP status would end the Court’s discussion, and Plaintiff, in light of his pro se status … (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).

Pare v. Valet Park of America

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

Then, as Defendant No. 30, Plaintiff names a used auto parts company that “clearly was involved with co-conspirators in undermining [Plaintiff’s] efforts to improve [his] vehicle . . . .” Id. ¶ 38. … claim under § 1985 has four elements: ‘(1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities

Mwantuali v. Hamilton College

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

Plaintiff alleges that, beginning in 2004, he was eligible and qualified for professorship. See id. … Defendant does not contend that Plaintiff was not qualified for any of the positions he held. See generally Dkt. Nos. 11, 21. 3.

New York v. Salazar

701 F. Supp. 2d 224 · District Court, N.D. New York · Apr 1, 2010

Board of Governors of the Federal Reserve System, 601 F.3d 143, 147 (2d Cir.2010) (“the ‘basic purpose [of FOIA] reflected a general philosophy of full agency disclosure unless information is exempted under clearly delineated … Courts in this circuit addressing the deliberative process privilege within the context of discovery disputes, albeit in non-APA actions, have found that the privilege is qualified.

Vellano v. The Standard Life Insurance Company of New York

District Court, N.D. New York · Aug 4, 2020

The right to establish and enforce rules and procedures for the administration of the Group Policy and any claim under it; 3. … According to Vellano, "[r]educing benefits by offsetting business losses against W-2 income is precisely the kind of circumstances which must, under the cited DOL regulations, be clearly and understandably set forth in the

Cosgrove v. Board of Education of the Niskayuna Central School District

175 F. Supp. 2d 375 · District Court, N.D. New York · Jul 3, 2001

Plaintiffs’ failure to qualify for an injunction under IDEA should disqualify them from an injunction under any other provision of law.” Defs.’ Mem. of Law, p. 3. … As the Plaintiffs’ counsel pointed out at oral argument, the determination of the IHO clearly establishes that there are, at the very least, sufficiently serious questions going to the merits to make a fair ground for litigation

Stabb

District Court, N.D. New York · Oct 7, 2025

Having reviewed plaintiff's IFP application, the undersigned concludes that he financially qualifies to proceed IFP.' See Dkt. No. 3. Il. … “An action is ‘frivolous’ when either: (1) ‘the factual contentions are clearly baseless, such as when allegations are the product of delusion "lor fantasy’; or (2) ‘the claim is based on an indisputably meritless legal

Mothersell v. City of Syracuse

289 F.R.D. 389 · District Court, N.D. New York · Mar 8, 2013

Therefore, plaintiff has not met his burden of establishing that there are “questions of law or fact common to the class” (“commonality”) under Rule 23(a)(2), nor has he established “that questions of law or fact common to … Armstrong saw him clearly — he said their “eyes met”— and recognized him as Mothersell. After they entered the apartment, Det. MacDerment told Det.

Richards v. United States of America

District Court, N.D. New York · Jun 27, 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.”

Peeples v. Fiorito

District Court, N.D. New York · Feb 1, 2021

Plaintiff's claim against Warden Artuz is that he “fail [sic] to qualify as warden.” … Accordingly, Plaintiff's wherefore these issues are not isolated and clearly establishes conclusory allegations of wider misconduct by the Albany a monell claim.” (Dkt.

Doe v. Syracuse University

District Court, N.D. New York · Sep 7, 2022

deliberate indifference on behalf Syracuse, because DPS does not qualify as “an appropriate person who can rectify a violation of Title IX.” … Nov. 26, 2018) (“[A] lapse of a month before [d]efendant contacted [plaintiff to open an investigation into her claims] was not clearly unreasonable.”).

Gates v. Commissioner of Social Security

District Court, N.D. New York · Mar 17, 2021

Reddy—which establishes that plaintiff's two visits with Dr. … Reddy’s notes, clearly indicate that plaintiff's HIV and kidney issue are well controlled by treatment and medication.

Momentive Performance Materials USA, Inc. v. Astrocosmos Metallurgical, Inc.

659 F. Supp. 2d 332 · District Court, N.D. New York · Sep 23, 2009

Despite this assertion, Plaintiffs amended complaint clearly states that it “is the assignee of all of Silicones business unit of GE’s rights and claims of any nature against any third parties.” … Precondition: CLEGC and/or AC must be technically qualified and competitive. You and I will have to work out the contract and submit it to the respective management for approval and signature.

In re Hornstein

122 F. 266 · District Court, N.D. New York · Apr 3, 1903

Hornstein, the alleged bankrupt, and he duly qualified as such. … To maintain this proceeding they must establish that Hornstein was insolvent, and had committed an act of bankruptcy within the four months preceding the filing of the petition.

Anameze v. Jaddou

District Court, N.D. New York · Feb 10, 2025

"The standard of proof for establishing eligibility for orphan petitions is that of a preponderance of the evidence. … "Congress may delegate to executive officials the discretionary authority to admit noncitizens 'immune from judicial inquiry or interference.' . . .