Case law

Ross v. Verizon Communications, Inc.

837 F. Supp. 2d 28 · District Court, N.D. New York · Sep 27, 2011

As a result of her employment with Verizon Communications, Inc., plaintiff participated in the Verizon Pension Plan for New York and New England Associates (“Pension Plan”), a qualifying plan under ERISA. … Medical reports from all three of plaintiffs treating providers establish that plaintiff had legitimate reasons to decline surgery, even if her pain was “truly disabling.” Her neurosurgeon, Dr.

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.

Riverkeeper, Inc. v. Coeymans Recycling Center LLC

District Court, N.D. New York · Mar 26, 2024

Defendants’ attorney affirmation is clearly violative of Local Rule 7.1(b) and Fed. R. Evid. 602. See Dkt. No. 106-1 at J 73, 96-100, 123-28; Ellsworth v. … Such objection is “broad and nonspecific and fails to establish any discrete reason why the requests should be prohibited. . . .

Gandhi v. NYS Unified Court System

District Court, N.D. New York · Jan 31, 2024

To establish a prima facie case of unlawful employment discharge based on religious discrimination, a plaintiff “must demonstrate that (1) he is a member of a protected class; (2) he was qualified for the position or is … Defendants next argue that Plaintiff cannot establish a constitutionally protected property interest. Mot. at 31–33.

Donald v. Commissioner of Social Security

District Court, N.D. New York · Mar 11, 2020

In assessing a plaintiff’s RFC, an ALJ is entitled to rely on opinions from both examining and non-examining State agency medical consultants because such consultants are qualified experts in the field of social security … Based on the authority cited above, the Commissioner clearly erred because both the ALJ and the Appeal Council failed to consider and weigh the opinion of Dr.

Cuda v. Commissioner of Social Security

District Court, N.D. New York · Jul 24, 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.

Rudzianski v. Saul

District Court, N.D. New York · Jan 8, 2020

The ALJ, however, clearly discussed Plaintiff's qualifying under Listings 12.04 and 12.06 (not 12.05). See Tr. at 34–35. … An impairment that manifests some but not all of the Listing's criteria does not qualify. See id.

Richard v. Glens Falls National Bank

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

Specifically, Defendant argues that the Complaint “does not allege sufficient facts to establish whether [Defendant] used the ‘available’ or ‘ledger’ balance to impose any of the fees” discussed therein, “[does] not establish … Citing this language, the Court found that “it is clear from the contract that ACH debit requests, such as the two submitted by Plaintiff's insurer, qualify as ‘debit items.’” Id.

Yeend v. Akima Global Services, LLC

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

Clearly, Plaintiffs would prefer to have the case heard in a District other than this one. … Further, Plaintiffs did not have a legal right to receive minimum wage rates because neither Plaintiff sought approval from ICE for employment with Defendant, and neither Plaintiff was qualified to work for Defendant under

Tope v. Commissioner of Social Security

District Court, N.D. New York · Feb 23, 2022

[to find] clearly credible evidence in finding that his [or her] determination was supported by substantial evidence.” Berry, 675 F.2d at 469. … The Court finds this decision to be supported by substantial evidence because “[s]tate agency consultants . . . are highly qualified experts in Social Security disability evaluation.” Dowling v. Comm’r of Soc.

Logan v. Town of Windsor, New York

District Court, N.D. New York · Apr 23, 2020

(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). … A well-pleaded complaint presents a federal question where it “establishes either that federal law creates the cause of action or that the plaintiffs right to relief necessarily depends on a resolution of a substantial

DOE v. Rensselaer Polytechnic Institute

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

Doe's sex discrimination claim relies on the 2020 policy as evidence of both an adverse action and of a "clearly irregular investigative or adjudicative process[.]" Menaker, 935 F.3d at 33. … approach certainly qualifies as evidence of an irregular adjudicative process.

Wilson-Empey v. Saul

District Court, N.D. New York · Aug 28, 2019

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.

Liu v. Indium Corporation of America

District Court, N.D. New York · Nov 25, 2019

“Where an employer seeks to rely upon [the] doctrine, it must first establish that the wrongdoing was of such severity that the employee in fact would have been terminated on those grounds alone if the employer had known … Any evidence that the business decision was merely used as a pretext for retaliation is clearly relevant and admissible. These issues, however, are better addressed in the context of trial.

Cargill, Inc. v. Sears Petroleum & Transport Corp.

388 F. Supp. 2d 37 · District Court, N.D. New York · Aug 25, 2005

None of the prior art references reiterated by Car-gill in support of its motion undermine the jury’s verdict and establish that no reasonable factfinder could have concluded that it did not establish anticipation by clear … In this instance the two claims, while clearly interrelated and to some degree mutually dependent, are sufficiently separate and distinct as to allow them to coexist.

Montanez v. City of Syracuse

District Court, N.D. New York · Sep 9, 2019

Rule 609 of the Federal Rules of Evidence provides that, “for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required … The crime of criminal impersonation involves falsification and “is clearly one of crimen falsi.” Kelly v. Fisher, No. 86-cv-1691, 1987 WL 16593, at *2, 1987 U.S. Dist. LEXIS 7947, at *5 (S.D.N.Y.

Freedom Mortgage Corporation v. Mattie

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

The Court has "significant discretion" when deciding whether to grant a default judgment and may consider numerous factors in making the decision, "including whether the grounds for default judgment are clearly established … In the present case, Plaintiff has established the common-law elements of a foreclosure action within its complaint. See Dkt. No. 14.

Gorey v. Commissioner of Social Security

District Court, N.D. New York · Aug 23, 2023

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.

Hamilton v. Saul

District Court, N.D. New York · Mar 10, 2020

The plaintiff has the burden of establishing disability at the first four steps. … Wills is not “qualified,” he does not explain what that means, nor does he state how Ms.

Cefalu

District Court, N.D. New York · Sep 15, 2026

[because] the plain language of [S]ection 1962 clearly envisions separate entities.”). “It thus follows that a corporate person cannot violate the statute by corrupting itself.” Cruz v. … So any informal association in fact may qualify as a RICO Enterprise if the members “share a common purpose to engage in a particular fraudulent course of conduct and work together to achieve such purposes.”