Case law

Muronda v. Commissioner of the Social Security Administration

District Court, N.D. New York · Dec 13, 2019

If a plaintiff’s “impairment ‘manifests only some of those criteria, no matter how severely,’ such impairment does not qualify.” Id. … Clearly there is inconsistency in Dr. Sheran’s MSS form.

Horton v. Bell

District Court, N.D. New York · Mar 29, 2024

The Third Department held that the evidence was admissible "to . . . establish[] the nature of the relationship between [petitioner] and the victim and for establishing the context for the charged conduct." … “[B]ecause no clearly established Supreme Court precedent requires a trial court to provide a lesser included jury charge, [P]etitioner . . . cannot establish that the Third Department's rejection of this claim

Perillo v. O'Malley

District Court, N.D. New York · Apr 15, 2021

The plaintiff has the burden of establishing disability at the first four steps. … “[I]t is well-established that an ALJ is not qualified to assess a claimant’s RFC on the basis of bare medical findings, and as a result an ALJ’s determination of RFC without a medical advisor’s assessment is not supported

Greenwood v. Dudek

District Court, N.D. New York · Mar 11, 2025

This is a case where any limitations arising from Plaintiff’s IIH were clearly subsumed within another documented and identified severe impairment. Cruz v. Colvin, 2017 WL 1190488, at *3 (W.D.N.Y. … “If a claimant’s impairment ‘manifests only some of those criteria, no matter how severely,’ such impairment does not qualify.” Id. (quoting Sullivan v. Zebley, 493 U.S. 521, 530 (1990)).

MPM Silicones, LLC v. Union Carbide Corp.

931 F. Supp. 2d 387 · District Court, N.D. New York · Mar 18, 2013

Sept. 30, 2010) (“A district court’s ability sua sponte to dismiss a complaint that lacks a basis in law or fact is well-established.” (quoting Muka v. … That there are grounds for state-law contribution when the PRP has incurred costs outside of CERCLA is clearly implied by that statement.

Boger v. New York State Office of Parks, Recreation & Historic Preservation

District Court, N.D. New York · Nov 14, 2019

that Defendants discriminated against her on the basis of age and gender when she was denied a promotion to the Park Manager 1 position at Verona Beach State Park, and the position was offered to three younger and less-qualified … A court should exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds. See Baxter Diagnostics, Inc. v.

NEW YORK STATE TEAMSTERS v. United Parcel Serv.

198 F. Supp. 2d 188 · District Court, N.D. New York · Apr 9, 2002

The Funds provide pension, hospital, medical, dental, death and disability benefits to qualified participants who satisfy the applicable eligibility requirements. See id. … Each of the Participation Agreements clearly states that [t]his Participation Agreement ... is the basis for participation in the New York State Teamsters Conference Pension and Retirement Fund.

Mobil Oil Corp. v. Department of Energy

520 F. Supp. 420 · District Court, N.D. New York · Jun 3, 1981

The harm of which plaintiff complaints was clearly not anticipated by the framers of Section 211. … In addition, many individual respondents report crudes from different sources in different ways, thus qualifying the meaning of receipts for that respondent alone.

Cavaggioni v. Saul

District Court, N.D. New York · Sep 18, 2019

The plaintiff has the burden of establishing disability at the first four steps. … If a plaintiff’s “impairment ‘manifests only some of those criteria, no matter how severely,’ such impairment does not qualify.” Id.

Van Orden v. Hikari Sales U.S.A., Inc.

District Court, N.D. New York · Aug 18, 2023

Spirulina is valued for plecos because it has positive effects on immunity. See id. at ¶ 11. … Sheehan to find any and all labels misleading that contain the word "vanilla" or some similar flavor, regardless of whether those labels also contain qualifying words that would lead a reasonable consumer to believe that

Landon

District Court, N.D. New York · Mar 11, 2026

Town of Brookfield, 950 F.2d 880, 885 (2d Cir. 1991) (concluding that plaintiff “had a property interest in his employment that qualified for the protections of procedural due process” where the collective bargaining agreement … Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (“[I]t is well established that an amended complaint ordinarily supersedes the original, and renders it of no legal effect.”) (citation omitted).

Hardee v. Saul

District Court, N.D. New York · Aug 27, 2020

It is 18 akin to and even more stringent than the clearly erroneous 19 standard which we as lawyers are familiar with. … Despite its illusiveness and potentially 1 debilitating effects, fibromyalgia, like many medical 2 conditions, is one which may be, but is not necessarily, so 3 limiting as to qualify as

Cronk v. Commissioner of Social Security

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

He stated that the record also evidenced a history of hypertension but that the record did not establish that it was severe. See id. … “If a claimant's impairment ‘manifests only some of those criteria, no matter how severely,’ such impairment does not qualify.” Id. (quoting Sullivan v.

Martinez v. Agway Energy Services, LLC

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

Corp., 222 F.3d 52, 61 (2d Cir. 2000) (quotation omitted), "'it is well established that "in complex litigations ... a plaintiff need not have expert knowledge of all aspects of the case to qualify as a class representative … The EnergyGuard Program is part of the services provided to Plaintiff under the contract, and the expense of running it would clearly fall within Defendant's "costs [and] expenses." Id.

Yeend v. Akima Global Services, LLC

District Court, N.D. New York · Aug 23, 2021

“Courts have imposed few limitations on what qualifies as a colorable federal defense.” Isaacson, 517 F.3d at 138. … Defendant clearly had to find employees from detainees, who were subject to the facility’s rules, standards, and requirements.

Larrabee-Barrett

District Court, N.D. New York · Mar 17, 2026

The claimant has the burden of establishing disability at the first four steps. Berry, 675 F.2d at 467. … But this standard is a very deferential standard of review “—even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.

Musclemakers, Inc. v. United States Small Business Administration, Office of Capital Access

District Court, N.D. New York · Dec 3, 2024

arbitrary and capricious manner for the following reasons: (a) Chevron’s two-step deference framework compels a finding that (i) the relevant statutory language is neither silent nor ambiguous on the matter at hand but rather clearly … Furthermore, Defendant argues, Plaintiffs have not established, or even alleged, that the OCA acted intentionally, or engaged in affirmative conduct, in misleading Plaintiffs such that an estoppel claim could even be entertained

Stoutenger v. Fulton Community Development Agency

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

“To state a valid claim under § 1983, the plaintiff must allege that the challenged conduct (1) was attributable to a person acting under color of state law, and (2) deprived the plaintiff of a right, privilege, or immunity … “To plead a Title VII discrimination claim, a plaintiff must ‘establish a prima facie case of ... discrimination by demonstrating that (1) [s]he was within the protected class; (2) [s]he was qualified for the position; (3

Spotswood v. Commissioner of Social Security

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

Mar. 26, 2015) (“State agency physicians are qualified as experts in the evaluation of medical issues in disability claims. … Given the ALJ’s established discretion to choose between supported medical opinions, nothing about that choice requires reversal here. See McBrayer v.

Ruiz Zayas v. Commissioner of Social Security

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

Id. 5 As plaintiff correctly notes, the ALJ’s written decision says these findings are “not speculative,” but this is clearly a typographical error when read in context. R. at 18. … “It is well-established that the ALJ has both the ability and the responsibility to resolve conflicts in the evidence.” Doty v. Comm’r of Soc. Sec., 2017 WL 4621630, at *6 (N.D.N.Y. Oct. 13, 2017) (Suddaby, J.).