Case law

Burns v. Capra

District Court, N.D. New York · Feb 26, 2025

After Bingham’s eviction, petitioner and Bingham saw each other a few times but the meetings were not cordial, both clearly upset with how their relationship broke down. Dkt. … Petitioner can establish petitioner was on the phone a few minutes after the incident, see Dkt.

Dow v. Commissioner of Social Security

District Court, N.D. New York · Mar 16, 2022

Standard to Determine Disability The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. 20 C.F.R. §§ 404.1520, 416.920 … There is no question that “an ALJ is entitled to rely on opinions from both examining and non-examining State agency medical consultants because these consultants are qualified experts in the field of social security

Checksfield v. Internal Revenue Service

District Court, N.D. New York · Jan 2, 2024

Here, argues Defendant, 26 U.S.C. § 6103 clearly prohibits the disclosure of a person’s (or business’) tax records or return information. (Id.) … It is well established that 26 U.S.C. § 6103 qualifies as a withholding statute under FOIA Exemption 3. See e.g. Church of Scientology of California v. I.R.S., 484 U.S. 9, 11 (1987); Breuhaus v.

Claudio-Montanez v. Kijakazi

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

Hogan as a podiatrist does qualify as an 2 acceptable medical source under the regulations which were in 3 effect at the time of plaintiff's application. … It's well 9 established that consultative opinions can override a 10 treating source's opinion. James C. v.

Zaja v. SUNY Upstate Medical University/Upstate Healthcare Center

District Court, N.D. New York · Sep 26, 2022

In addition to establishing a hostile work environment, a plaintiff must also establish that the conduct which created the hostile situation can be imputed to the employer. See Kotcher v. … Here, Plaintiff clearly alleges that he had an expectation of continued employment after January 31, 2019.

Coulter v. Barbeque Integrated, Inc.

District Court, N.D. New York · Aug 17, 2022

Compounding Plaintiff’s error, Defendant has filed (along with its reply memorandum of law) a “Response to Plaintiff’s Statement of Material Facts,” as if Plaintiff had filed a cross-motion for summary judgment, which she clearly … As a result, an owner or occupant of a commercial establishment has “a general duty to maintain [the establishment] in a reasonably safe condition so as to prevent the occurrence of foreseeable injuries.” Maravalli v.

Henry v. Champlain Enterprises, Inc.

288 F. Supp. 2d 202 · District Court, N.D. New York · Oct 28, 2003

Clearly, this result is envisioned by neither Congress nor the court in Reach . … They clearly were not named fiduciaries.

Ross

District Court, N.D. New York · Mar 24, 2026

He concluded that "the record clearly demonstrates that the ALJ considered the supportability and consistency of NP Usev's and LMHC Alberts's opinions with their own records and the record as a whole as he summarized the … "It is well settled that an ALJ is entitled to rely upon the opinions of both examining and non-examining State agency medical consultants, since such consultants are deemed to be qualified experts in the field of social

Sanders-Jackson v. Saul

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

The plaintiff has the burden of establishing disability at the first four steps. … However, this standard is a very deferential standard of review “ – even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.

Laba v. Saul

District Court, N.D. New York · Nov 8, 2019

Thus, merely pointing to evidence that Plaintiff experienced pain as a result of her conditions is insufficient to establish disability. … Finally, Plaintiff claims that the ALJ’s decision appears to shift the burden of establishing disability to her.

GENERAL BRONZE CORPORATION v. Ward Products Corp.

262 F. Supp. 936 · District Court, N.D. New York · Nov 7, 1966

No position could be more clearly and precisely stated in several places. … I conclude the claims remaining in issue of the patent do not meet the strict standards and general level clearly established by the Supreme Court for patentability in the legal sense.

Croney

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

Each fact listed in the parties’ statements must “set forth a specific citation to the record where the fact is established.” fd. … Lastly, defendants argue that they are entitled to qualified immunity on all claims. See Dkt. No. 55-4 at 27-28.

Carter v. The City of Syracuse School District

District Court, N.D. New York · Feb 3, 2020

Under the “McDonnell Douglas test,” a plaintiff must first establish a prima facie case of discrimination by showing that “’(1) she is a member of a protected class; (2) she is qualified for her position; (3) she suffered … Here, the District- STA labor contract clearly sets forth the procedure for requesting a transfer.

Zeh v. Commissioner of Social Security

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

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

Wells v. Commissioner of Social Security

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

The plaintiff has the burden of establishing disability at the first four steps. … However, this standard is a very deferential standard of review “ – even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.

Renew 81 For All v. Federal Highway Administration

District Court, N.D. New York · Jul 19, 2024

The FHWA was 7 named as a party to the state court action, but the court dismissed it on sovereign immunity grounds. … Plaintiffs, however, offer nothing more than a conclusory statement that "the grant of preliminary injunctive relief in this case is clearly in the public's interest." Dkt. No. 28-1 at 12.

Levesque v. Saul

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

The plaintiff bears the initial burden of proof to establish each of the first four steps. See DeChirico v. Callahan, 134 F.3d 1177, 1179- 80 (2d Cir. 1998) (citing Berry, 675 F.2d at 467). … Mar. 26, 2015) ("State agency physicians are qualified as experts in the evaluation of medical issues in disability claims.

Roettenbacher v. Kijakazi

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

At step one, he found that plaintiff had engaged in work that qualifies as substantial gainful activity from February 13, 2019, through May 18, 2019, but that there were other periods in which plaintiff 2 As was … However, despite having clearly assessed much of the evidence related to plaintiff’s fatigue, the ALJ failed to provide an adequate explanation regarding his conclusions drawn from that evidence, leaving me unable

Vincenzo v. Wallkill Central School District

District Court, N.D. New York · Mar 29, 2022

Plaintiffs argue that, not only does “clearly-established law allow[] disability harassment victims [to] proceed under the Equal Protection Clause, as enforced through § 1983,” but clearly established law does not require … “To make out a prima facie case under the ADA or Rehabilitation Act, a plaintiff must show ‘(1) that [she] is a qualified individual with a disability; (2) that the defendants are subject to [the pertinent statute]; and (

Zehr v. Kijakazi

District Court, N.D. New York · Aug 11, 2021

The plaintiff has the burden of establishing disability at the first four steps. … However, this standard is a very deferential standard of review “ – even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.