Case law

INTERN. SOC. FOR KRISHNA, ETC. v. Barber

506 F. Supp. 147 · District Court, N.D. New York · Aug 25, 1980

What plaintiffs fail to point out is that the Murdock Court qualified its statement on 319 U.S. p. 116, 63 S.Ct. 876 . … information. c. presenting gift-greeting items such as sactified flowers and candy — or incense sticks and other small items. d. requesting and accepting contributions from said third parties for their *172 religious literature, establishments

Keith

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

"At the pleading stage, 'the plaintiff must clearly allege facts [in her complaint] demonstrating each element' of standing." Lugo v. City of Troy, 114 F.4th 80, 87 (2d Cir. 2024) (quoting Spokeo, Inc. v. … "To establish a prima facie case of housing discrimination under the [Fair Housing Act], a plaintiff must show '(1) that they are members of a protected class; (2) that they sought and were qualified to rent or purchase

Turnbull v. Commissioner of Social Security

District Court, N.D. New York · Apr 20, 2020

"State agency physicians are qualified as experts in the evaluation of medical issues in disability claims. … Plaintiff also argues that her participation in daily activities does not establish that she could engage in activities on a continuous basis.

Effland v. Commissioner of Social Security

District Court, N.D. New York · Sep 6, 2019

The claimant bears the burden of establishing disability at the first four steps; the Commissioner bears the burden at the last. Selian, 708 F.3d at 418. B. … “An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Jd.

Miller v. Syracuse University

District Court, N.D. New York · Mar 20, 2023

For instance, Plaintiff alleges that “Defendant clearly knew or should have known of the risks of data breaches and thus should have ensure[d] that adequate protections were in place.” Compl. ¶ 17. … However, that is clearly distinguishable from Plaintiff’s case here.

Heinitz v. Seterus, Inc.

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

“While tangible harms are most easily recognized as concrete injuries, Spokeo acknowledged that some intangible harms can also qualify as such.” Strubel, 842 F.3d at 188 (citing Spokeo, 136 S. Ct. at 1549). … This is the sort of misstatement that falls clearly under § 1692e.

United States Equal Employment Opportunity Commission v. Hunter-Tannersville Central School District

District Court, N.D. New York · Feb 23, 2026

, regardless, that it has established its affirmative defense as a matter of law. … “In such circumstances, it is clearly the fact- finder’s role to assess such evidence and determine whether [the EEOC] has made a prima facie showing that [Vickers] and her [comparators] had comparable jobs for purposes

United States Equal Employment Opportunity Commission v. McLane/Eastern, Inc.

District Court, N.D. New York · Dec 18, 2024

Specifically, Defendant argues, Plaintiff failed to establish that Defendant “failed to interview or hire Valentino because of her disability.” (Id.). … However, McLane’s job postings already contain a statement that provides “[a]ll qualified applicants will receive consideration for employment, without regard to . . . disability[.]” (Id. at n.4 (citing Dkt.

Martin v. Commissioner of Social Security

District Court, N.D. New York · Sep 9, 2021

To qualify for social security benefits, a claimant must show that he suffers from a disability within the meaning of the Act. … Dipeolu, Ph.D., stated that there was insufficient evidence to establish that [Plaintiff] had a severe impairment." See id. at 24 (citing 2A).

"Mark"

District Court, N.D. New York · Sep 10, 2026

This definition appears to suggest that Defendant Gilmour may indeed qualify as a “person” against whom the statute might be enforceable. … It is certainly not the case that an individual’s mere status as a minor renders them immune from any liability for any offense under Section 2252 or Section 2252A; a minor could conceivably be held liable for possessing

Rucker v. Kijakazi

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

Second 11 Circuit Court of Appeals in Brault versus Social Security 12 Administration Commissioner, 683 F.3d 443, noted that the 13 test is extremely stringent, more so than the clearly … Mirza appears 4 to qualify as a treating source, and ordinarily the opinion 5 of a treating source or treating physician or acceptable 6 medical source under the former regulations

Pinto v. Commissioner of Social Security

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

The claimant bears the burden of establishing disability at the first four steps; the Commissioner bears the burden at the last. Selian, 708 F.3d at 418. B. … All of the above was clearly incorporated into the ALJ’s decision and provides substantial evidence for the RFC determination. See Bonet ex rel. T.B. v. Colvin, 523 F.

McDowell v. Saul

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

The hypothetical questions should reflect the specific capacity/limitations established by the record as a whole. … Mar. 26, 2015) ("State agency physicians are qualified as experts in the evaluation of medical issues in disability claims.

Smith v. Saul

District Court, N.D. New York · Sep 27, 2019

The claimant bears the burden of establishing disability at the first four steps; the Commissioner bears the burden at the last. Selian, 708 F.3d at 418. B. … However, an ALJ is not a medical professional, and he “is not qualified to assess a claimant’s RFC on the basis of bare medical findings.” Ortiz v. Colvin, 298 F. Supp. 3d 581, 586 (W.D.N.Y. 2018).

Weller v. Kijakazi

District Court, N.D. New York · Sep 7, 2022

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.

Williams v. City of Syracuse

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

requiring that the statement “show[]” an entitlement to relief is often at the heart of misunderstandings that occur regarding the pleading standard 5 established … Transit Auth., the plaintiff altogether failed to attend the Section 50-h examination and attempted to justify his absence by invoking the Fifth Amendment, clearly depriving defendants of a proper defense.

Czerwinski v. New York State Department of Corrections and Community Supervision

District Court, N.D. New York · Mar 8, 2022

Defendant argues that Plaintiff cannot establish that several of these actions either qualified as adverse employment actions under the law, or were causally connected to the alleged protected activities. … While Plaintiff clearly did not like being counseled, (see id.8) , the employer had the right to counsel Plaintiff, like all other employees, when it learned of deficient work performance.

Dupre v. Commissioner of Social Security

District Court, N.D. New York · Apr 16, 2021

. § 416.920(a) to determine whether a claimant qualifies for disability benefits. See R. at 11- 17. … Plaintiff’s counsel, as the exchanges related above demonstrate, clearly failed to develop the record in the way expected of an attorney.

Sanders v. City of Saratoga Springs

District Court, N.D. New York · Aug 29, 2023

However, a termination does not qualify as “favorable” “if charges are dismissed out of mercy, since mercy presupposes the guilt of the accused.” Id. … Clearly, the dismissal was not inconsistent with Plaintiff’s innocence. See Bellissimo v. Mitchell, 995 N.Y.S.2d 603, 606 (App.

Costin

District Court, N.D. New York · Mar 30, 2026

HHHN is a federally qualified Health Center (FQHC) deemed by the Secretary of Health and Human Services to be part of the United States Public Health Services and HHHN’s employees are deemed … Plaintiff has failed to establish by a preponderance of the evidence that Defendant Biss acted outside the scope of her employment." Dkt. No. 139 at 15.