Case law

Doroz v. Delorio's Foods Inc.

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

The only mention of age is a single statement in his lengthy written section that Scott Hoke, “an American DeIorio LLC employee, younger than me,” was paid a higher wage despite being less qualified. (Id. at 13.) … Although Plaintiff has not requested leave to amend his Complaints, the Second Circuit has clearly stated that “[a] pro se complaint should not be dismissed without the Court’s granting leave to amend at least once when

Utica Mutual Insurance Company v. Century Indemnity Company

District Court, N.D. New York · Dec 3, 2019

After the jury returned a verdict finding that the insured had shown qualifying loss or damage "at seven different areas" of the Windsor Locks site, the parties sought summary judgment from the federal court "on the number … F&G court emphasized that this general principle can only take you so far—the deference owed to a cedent's decision-making does not completely immunize it from judicial scrutiny. U.S. F&G, 20 N.Y.3d at 420.

Eggleston v. City of Binghamton

District Court, N.D. New York · Sep 2, 2020

Importantly, "[t]he employer has the burden of proving that the employee clearly falls within the terms of [an] exemption." Young v. Cooper Cameron Corp., 586 F.3d 201, 204 (2d Cir. 2009). … The regulations explain that "[a] job title alone is insufficient to establish the exempt status of an employee.

McNeil v. Correctional Medical Care, Inc.

District Court, N.D. New York · Sep 16, 2019

Aug. 6, 2013), and “will be denied unless the matter asserted clearly has no bearing on the dispute or the matter is significantly prejudicial to one of the parties,” Citigroup, Inc. v. Wachovia Corp., 613 F. … Section 1983 Generally “42 U.S.C. § 1983 provides a civil claim for damages against any person who, acting under color of state law, deprives another of the right, privilege or immunity secured by the Constitution

Blake v. Commissioner of Social Security

District Court, N.D. New York · Oct 1, 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.

Wilson v. Faulkner

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

Under these facts, assumed to be true for purposes of this motion, there did not appear to be probable cause to arrest Plaintiff, nor are there sufficient undisputed facts upon which to grant the individual defendants qualified … immunity for Plaintiff’s arrest at this time .

Lutters v. Commissioner of Social Security

District Court, N.D. New York · Aug 2, 2021

The plaintiff has the burden of establishing disability at the first four steps. … There were no qualifying statements in Dr. Lorensen’s report.

Bryant v. Kijakazi

District Court, N.D. New York · Apr 21, 2023

The plaintiff has the burden of establishing disability at the first four steps. … Due to the COVID-19 pandemic and her “endangered” immune system, she was not strong enough to return to work. (T. 52).

Fuller v. Commissioner of Social Security

District Court, N.D. New York · Sep 27, 2022

If an impairment is found to meet, or qualify as medically or functionally equivalent to, a listed impairment, and the twelve-month durational requirement is satisfied, the claimant will be found to be disabled. 20 … Functional equivalence is established with the finding of an “extreme” limitation, meaning “more than marked,” in a single domain. 20 C.F.R. § 416.926a(a); Ramos, 2003 WL 21032012, at *8.

Schirmer v. Commissioner of Social Security

District Court, N.D. New York · May 8, 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.

Grune v. Hernandez

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

Defendant also argues that Plaintiff has not established the requisite high degree of similarly between himself and the Landlord because Plaintiff "fail[ed] to allege facts establishing that the repairs performed by the … These allegations do not sufficiently set forth facts to establish a class of one claim. Plaintiff has not established that he and the Landlord are "'prima facie identical in all relevant respects.'"

Wickham v. Commissioner of Social Security

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

However, this standard is a very deferential standard of review “even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448. … Jan. 22, 2004) (“State agency physicians are qualified as experts in the evaluation of medical issues in disability claims.

Schachtler Stone Products, LLC v. Town of Marshall

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

Though “coercive relief” has not been clearly defined, and the relevant case law is sparse, Article 78 relief is generally not considered “coercive” because it “d[oes] not require the payment of any monies by the [Town] … U.S.C. § 1985(3), Plaintiffs must allege: “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

Gadsby v. Commissioner of Social Security

District Court, N.D. New York · Feb 24, 2021

. § 416.920(a) to determine whether a claimant qualifies for disability benefits. See R. at 7-24. … Noia’s opinion is “perhaps too conservative in the assignment of specific limitations,” but does not state clearly where the opinion errs in this way, and how.

Liepke-Steacy v. Commissioner of Social Security

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

. § 416.920(a) to determine whether a claimant qualifies for disability benefits. See R. at 34-48. … If the ALJ had considered a later date than April 22, 2015 as the onset date, she argues, the ALJ would have been able to address more clearly whether Plaintiff’s condition had worsened.

Olinsky & Associates, PLLC v. Nutting

District Court, N.D. New York · Jul 2, 2021

In addition to these categories, the USPTO has "consistently held that, to qualify for a federal . . . registration, the use of a mark in commerce must be 'lawful[.]''" … Thus, to establish that a mark is misdescriptive at summary judgment, the moving party must establish that the plaintiff's mark was descriptive and not merely suggestive, and that the trademark misdescribed the goods.

Riccinto v. Commissioner of Social Security

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

Securities & Exchange Commission v. Smith

798 F. Supp. 2d 412 · District Court, N.D. New York · Jul 20, 2011

Under the inherent power doctrine, the record establishes beyond question that Lynn Smith possessed actual knowledge of the Annuity Agreement as one of its signatories, the existence of that agreement was a material fact … Thus, the Court finds that David Stoelting, Kevin McGrath, and Jack Kaufman qualify as experienced litigators in the area of securities fraud equivalent to a partner in a law firm in the private sector of this area.

Harris

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

Probable cause does not need to be established at trial. … Finally, as for DA Keene's statement, they are admissible as the statements of a non-party co-conspirator made in furtherance of the alleged conspiracy to deprive Plaintiff of his clearly established constitutional rights

Mauro-Tartaglia v. Maxian

District Court, N.D. New York · Sep 10, 2019

Thus, defendants argue that the jury “clearly made credibility determinations with regard to both lay and expert witnesses and the jury’s determination that Dr. … Mann was properly qualified as an expert. The jury had before it Dr. Mann’s credentials and his testimony. The jury’s decision to find Dr. Mann more credible, or to find only portions of Dr.