Case law

Jeanty v. Sciortino

District Court, N.D. New York · Mar 24, 2025

Recognizing the with clearly established deadlines. … or mixed motive cannot be determined. immunity that is claimed.”

Scalia v. Liberty Gas Station and Convenience Store, LLC

District Court, N.D. New York · Mar 16, 2020

No. 1), and all of the alleged violations in the Secretary’s partial motion for summary judgment took place in 2016 to 2017—clearly within the statute of limitations period alleged by Defendants. (See Dkt. No. 78-4). … That Turan qualifies as an employer here is clearer than in Irizarry.

Upstate Jobs Party v. Kosinski

District Court, N.D. New York · Oct 8, 2021

demonstrating a sufficiently important interest to justify its restrictions, and the employment of closely drawn means to avoid unnecessary abridgement of associational freedoms), for four reasons: (1) the Supreme Court has clearly … Wilcox is not qualified to be an expert on the subject matter in his report (and therefore his report is not helpful) because (a) Dr.

Aiello v. Lamitie

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

"In considering such claims, courts must 'show deference to the judgment exercised by qualified professional[s],' whose decisions are entitled to a 'presumption of correctness.'" Yeldon v. … However, Plaintiff Roesch has not demonstrated that his medical records clearly established a serious medical need for his TENS machine or that Defendants knew of this need.

T.W.E.

District Court, N.D. New York · May 1, 2026

that they have stated a plausible claim for IIED because they have alleged facts plausibly suggesting a persistent campaign of racial harassment and abuse that was enabled by Defendants’ indifference and that reasonably qualifies … The allegations in the Complaint simply do not plausibly suggest that Defendants’ response to the circumstances presented was clearly unreasonable.

Paul v. County of Madison

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

The Court finds that Plaintiff has not alleged facts sufficient to make plausible that Plaintiff was a qualified individual within the meaning of the ADA. … The one event that clearly represents an adverse employment action–Plaintiff’s firing–occurred years after he complained about his treatment.

DeRocha

District Court, N.D. New York · Jul 16, 2026

Accordingly, “to establish a Section 1983 violation, a plaintiff must plead (and later prove) that each defendant was personally involved in the alleged constitutional violation.” Wiggins v. … Branen, 17 F.3d 552, 557 (2d Cir. 1994), the alleged violation in this 6 In the alternative, the available record establishes that this would be the rare excessive force case in which qualified immunity would apply on

Rorick v. Colvin

220 F. Supp. 3d 230 · District Court, N.D. New York · Nov 23, 2016

. §§ 404.1520 , 416.920, to determine whether an individual qualifies as disabled and accordingly is entitled to benefits. Rorick I, 2012 WL 4107685 , at *3-4. … Specifically, the court wrote: Here, the [hearing officer] clearly found that [Rorick’s] migraine headaches constitute a severe impairment.

United States v. Lundquist

847 F. Supp. 2d 364 · District Court, N.D. New York · Dec 14, 2011

Second, any perceived unfairness to Defendant is minimized, or ehminated, by the fact that the Court will qualify its order so that Defendant need pay Amy only the amount not already paid by other individuals for the referenced … The Court notes that, in the analogous context of negligence cases, there *373 has long been a trend of easing a plaintiff’s burden regarding showing proximate causation, where two defendants are both clearly at fault but

Lalonde v. Thoms

District Court, N.D. New York · May 2, 2022

The court also concluded petitioner could not establish prejudice: Clearly, Mr. Gardner's testimony was not given much weight, if any, by the jury. … Under these circumstances, the Appellate Division's conclusion is neither contrary to nor an unreasonable application of clearly established precedent. Therefore, Ground 5 is denied and dismissed. VI.

Quincy Mutual Fire Insurance v. New York Central Mutual Fire Insurance

89 F. Supp. 3d 291 · District Court, N.D. New York · Mar 31, 2014

Horton did not work either as a nurse or in any other employment position, following the accident, and ultimately was found qualified to receive Social Security disability benefits. … Anthony Avellanosa; Charles Clearly, a vocational rehabilitation expert; Dr. Kenneth V.

Poltz v. Saul

District Court, N.D. New York · Jan 13, 2020

The plaintiff has the burden of establishing disability at the first four steps. … In 2013, plaintiff established primary care at Bassett Medical Center (“BMC”). (T. 488).

United States v. Howard

400 F. Supp. 2d 457 · District Court, N.D. New York · May 3, 2005

Providing immunity for testimony would be unwise because it could foreclose prosecution of the most culpable people, and could not ensure truthful testimony. … With regard to the April 22, 2004, and May 20, 2004, eavesdropping warrants, clearly McKinnon was a party to communications intercepted pursuant to those warrants.

Wolicki

District Court, N.D. New York · Jan 26, 2026

However, “it is well-established that a plaintiff must do more than proffer ‘conclusory statements’ to adequately assert a substantial limitation for the purposes of stating a claim under the ADA.” Dominguez v. … Plaintiff's first claim, as discussed above, is clearly labeled and framed as a disability discrimination claim that is premised on Defendant’s termination of his employment because of an erroneous belief that his disability

Su v. Kwiat

District Court, N.D. New York · Aug 6, 2024

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law.” Rodriguez v. … After certifying that sufficient facts exist to establish a finding of contempt and noting Dr.

Lopez v. McAuliffe

District Court, N.D. New York · Dec 30, 2024

When New York courts reject claims as unpreserved, it qualifies as “an adequate and independent state law ground, which generally precludes habeas review.” Rutigliano v. … [must] show[] that [appellate] counsel omitted significant and obvious issues while pursuing issues that were clearly and significantly weaker.”); Claudio v.

360Heros, Inc. v. Mainstreet America Assurance Company

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

Ronan's affidavit is inadmissible because he is not qualified as an expert. Dkt. No. 98 at 11. … Gauntlett has clearly surpassed what has already been considered unreasonable.

Davis

District Court, N.D. New York · Mar 12, 2026

DISCUSSION The Court has reviewed the Report-Recommendation according to well-established summary judgment standards, viewing the record in the light most favorable … No. 4 Although Defendants raised qualified immunity, (see Dkt.

Gonzales v. Graham

District Court, N.D. New York · Dec 17, 2020

The Supreme Court has cautioned, however, that the range of reasonable judgments may depend in part on the nature of the relevant rule argued to be clearly established federal law. Yarborough v. … In the absence of any clearly established federal law on this issue, AEDPA relief is foreclosed.

Acken v. New York Title & Mortgage Co.

9 F. Supp. 521 · District Court, N.D. New York · Mar 31, 1934

But that a court of equity may eventually decide all questions between the parties and award complete relief where it has obtained jurisdiction of some portion of a controversy, is well established. … Clearly, then, if he was a statutory receiver he; was not a court receiver.