Case law

Nickel v. Brenton, LLC

92 F. Supp. 3d 38 · District Court, N.D. New York · Mar 11, 2015

But, as Professor Williston observed: ‘The Statute of Frauds was not enacted to afford persons a means of evading just obligations; nor was it intended to supply a cloak of immunity to hedging litigants lacking integrity; … The complaint clearly alleges that the contract at issue was an agreement between Kinematic and Brenton.

DVL, Inc. v. General Electric Co.

811 F. Supp. 2d 579 · District Court, N.D. New York · Dec 6, 2010

Because the Court finds that DVL has failed, as a matter of law, to establish that Defendants qualify as PRPs, it grants Defendants’ Motions without reaching the issue of whether DVL’s conduct conformed to the NCP. a. … As the above discussion indicates, DVL has failed to make a showing sufficient to establish an essential element of its CERCLA claim, namely GE’s qualifying as a PRP with regard to the DVL Site.

Broadwater v. The County of Onondaga

District Court, N.D. New York · Mar 11, 2024

Ryan, 25 F.3d 81, 83 (2d Cir. 1994), which are “protected only by qualified, rather than absolute, immunity,” Kalina v. … The “official who asserts absolute immunity from § 1983 shoulders the burden of establishing the existence of immunity for the function in question.” Hill v. City of New York, 45 F.3d 653, 661 (2d Cir. 1995).

Lewis v. Redline Hockey, LLC

District Court, N.D. New York · Feb 20, 2024

Until that review is complete service upon one or more Defendants is clearly premature. See Morse v. United States Postal Serv., 2018 WL 3575654, at *5 (W.D.N.Y. … determine if Plaintiff qualified for IFP status and ordered 89, 94 (2007) (citing Estelle v.

Lewis v. Affiliated Enterprise Solutions, LLC

District Court, N.D. New York · Feb 20, 2024

Until that review is complete service upon one or more Defendants is clearly premature. See Morse v. United States Postal Serv., 2018 WL 3575654, at *5 (W.D.N.Y. … determine if Plaintiff qualified for IFP status and ordered 89, 94 (2007) (citing Estelle v.

Variscite NY One, Inc. v. State of New York

District Court, N.D. New York · Jan 31, 2023

The parties dispute, however, whether OCM is entitled to sovereign immunity. (Dkt. No. 22, Attach. 1 at 15-16; Dkt. No. 30 at 6-7.) … the state such that it may be entitled to sovereign immunity.”

Kellogg v. Nichols

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

Judge Nichols argues that plaintiffs’ official-capacity claims are foreclosed by Eleventh Amendment immunity, the language of § 1983, the Rooker-Feldman doctrine, and qualified immunity. See Def.’s Mem. … Pack Courier 7 Having so concluded, the Court does not reach the Judge Nichols alternative arguments that plaintiffs’ claims are barred by the Rooker-Feldman doctrine and qualified immunity.

Deere v. Goodyear Tire & Rubber Co.

175 F.R.D. 157 · District Court, N.D. New York · Aug 22, 1997

Furthermore, the reckless and wanton behavior meriting an award of punitive damages must be “clearly established.” Id. … Nevertheless, plaintiff has not come forward with sufficient evidence clearly establishing that Goodyear acted wantonly or in a conscious disregard for the rights of others.

Cornell v. The Village of Clayton

District Court, N.D. New York · Sep 13, 2023

Supp. 3d 258, 268 (S.D.N.Y. 2021) (noting that where there are questions of material fact as to the reasonableness of the force used, summary judgment on the ground of qualified immunity is not appropriate). … immunity.

Croney v. DeJoy

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

Justice Gorman's role in adjudicating motions is clearly part of her judicial responsibilities and is thus within the ambit of judicial immunity. … It is well-established that “prosecutors are entitled to absolute immunity for that conduct ‘intimately associated with the judicial phase of the criminal process.’ ” Hill v.

Hewitt v. Alcan Aluminum Corp.

185 F. Supp. 2d 183 · District Court, N.D. New York · Jan 11, 2002

The breadth of defendant Alcan’s business operations clearly make it an employer subject to the ADA. *188 When considering a summary judgment motion in a discriminatory discharge brought under the ADA, the court applies the … For the foregoing reasons, the court finds that plaintiff has failed to present sufficient evidence upon which to establish a prima facie case of disability discrimination.

Francis v. City of Albany

District Court, N.D. New York · Sep 30, 2025

Finally, an officer “is entitled to qualified immunity against a suit for false arrest if he can establish that he had arguable probable cause to arrest the plaintiff.” Garcia v. … If the jury finds that any Officers are liable for a false arrest, then the qualified immunity argument can be renewed.

Sharpe v. Conole

123 F. Supp. 2d 87 · District Court, N.D. New York · Dec 7, 2000

following reasons: (1) the Complaint fails to state a cause of action under FACE because it does not allege the requisite intent; (2) Defendants’ participation in state mandated quality assurance programs provides them with immunity … The legislative history clearly indicates that FACE was not enacted to address the prohibition of certain services by a medical provider pursuant to internal hospital regulations and/or quality assurance programs.

McInerney v. Rensselaer Polytechnic Institute

977 F. Supp. 2d 119 · District Court, N.D. New York · Oct 11, 2013

Professor Jansen testified that he clearly indicated to Mclnerney that if he needed a break during the exam, he could ask for it, and he would get it. … Qualifying Exam.

Mavis v. Sobol

839 F. Supp. 968 · District Court, N.D. New York · Jan 5, 1994

In particular,' the hearing officer found that: It was clearly established, and all witnesses were in agreement, that Emily is not capable of carrying' out the regular first grade curriculum. … Clearly that issue was not before the Court in Briggs .

United States v. Hughitt

45 F. 47 · District Court, N.D. New York · Feb 3, 1891

St. 275, it was decided that an indictment against a public officer for misfeasance in office was sufficient if it alleged “that he was duly elected by the qualified voters of the township,” etc. In U. S. v. … And yet it was clearly the intention of the law-makers to punish the making of false entries not only in books but in statements of the condition of the bank, if such entries were made with intent to deceive.

Boyde v. Fahey

District Court, N.D. New York · Dec 21, 2021

Plaintiff's claim against Warden Artuz is that he “fail [sic] to qualify as warden.” … It is similarly well established that an inmate's initiative, ... dismiss the complaint”).

Story v. Central Intelligence Agency

District Court, N.D. New York · Oct 10, 2024

The undersigned has reviewed plaintiff's IFP application and determines that he financially qualifies to proceed IFP.2 Thus, the Court proceeds to its review of the complaint pursuant to 28 U.S.C. § 1915. … “[A]n investigative officer's participation in an entrapment does not violate the target's constitutional rights, even though entrapment might be established as a defense to the criminal charge.” Id.

Vazquez v. St. Mary's Healthcare

District Court, N.D. New York · May 25, 2022

Similarly, Plaintiffs' claims against Defendant Danaher are 1289, 1302 (S.D.N.Y.1996) (“An amendment is barred by the doctrine of qualified immunity (if not also considered futile if the amended pleading fails to the doctrine … of absolute immunity).

Parker v. Donnelly

District Court, N.D. New York · Sep 13, 2022

Finally, the Magistrate Judge rejected Defendant’s argument that “he should be awarded summary judgment because he is entitled to qualified immunity[,]” since an inmate’s due process right to a fair and impartial hearing … The Magistrate Judge concluded: “Whether [D]efendant Donnelly was biased to the extent of a due process violation is disputed, and thus summary judgment on qualified immunity grounds is inappropriate.”