Case law

Phillips v. City of New York

230 F.R.D. 369 · District Court, S.D. New York · Aug 12, 2005

On this basis, the Court does not find the Order to be either clearly erroneous or contrary to law. See Weiss v. … as readily establish the requested facts.”).

Raitport v. Chase Manhattan Capital Corp.

388 F. Supp. 1095 · District Court, S.D. New York · Jan 9, 1975

In brief, all the plaintiff has been able to establish — or even to suggest — is that some of the defendants have refused to extend credit. … Presumably, the plaintiff meant subchapter 21 of Title 15 of the United States Code, since he lists it as the final citation in a string of citations, all of which were clearly indicated as being in Title 15. 3 .

Best

District Court, S.D. New York · May 12, 2026

qualified immunity. … Best then reprised his argument that Officer Merchant was not entitled to qualified immunity. Id. at 5. Finally, Mr.

Alston

District Court, S.D. New York · Mar 17, 2026

New York has not waived its Eleventh Amendment immunity to suit in federal court, and it is well-established that Congress did not abrogate that immunity through Section 1983. … DOCCS argues that sovereign immunity bars this claim and that, 7 The Court notes that Section 1983 does not create substantive rights but provides “only a procedure for redress for the deprivation of rights established

Stein v. COUNTY OF WESTCHESTER, NY

410 F. Supp. 2d 175 · District Court, S.D. New York · Jan 17, 2006

“Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere.” Sykes v. James, 13 F.3d 515, 519 (2d Cir.1993). … However, “[t]he accused need not establish his innocence, nor is it necessary that a dismissal affirmatively indicate the innocence of the accused to qualify as a favorable termination.” Dallas v.

United States v. Teyer

322 F. Supp. 2d 359 · District Court, S.D. New York · Apr 29, 2004

Upivard Departure The evidence that establishes Torres-Teyer’s leadership also establishes that he played a substantial role in the importation of vast amounts of cocaine, far more than the amount required to qualify him … The Sentencing Commission clearly did not design its narcotics table with persons like Aguirre in mind.

In re Sapphire Steamship Lines, Inc.

339 F. Supp. 119 · District Court, S.D. New York · Feb 2, 1972

Government Cargoes, No. 65-13, found defendants’ rates to have been predatory, outside the scope of governmental immunity, and established for the purpose of putting plaintiff out of business. … On reargument, the moving parties submitted evidence showing that two Internal Revenue Agents (who were highly qualified accountants), assisted by Erling Thompsen, chief accounting officer for Sapphire, and Max Staves, Chief

Byas v. New York City Department of Correction

173 F.R.D. 385 · District Court, S.D. New York · Jul 1, 1997

Even construing the complaint as an action against the City of New York, the plaintiff must establish that his constitutional rights were violated and that the constitutional violation resulted from an identified policy, … Farmer is immune from suit under the doctrine of qualified immunity. (Answer ¶ 33.) The fourth affirmative defense raises the defense of contributory negligence. (Answer ¶ 33.)

Jenkins v. Officer S (Downstate)

District Court, S.D. New York · Sep 24, 2021

Defendant argues that he is entitled to qualified immunity. (Def.’s Mem. 7–8.) … [t]hey are thus by definition[] insufficient to show that Defendant Stojkaj violated constitutional rights that were clearly established”).)

Starr International Co. v. Federal Reserve Bank

906 F. Supp. 2d 202 · District Court, S.D. New York · Nov 16, 2012

Qualified Immunity for Emergency Responders: Finally, for much the same reasons, case law in the area of qualified immunity reflects an unwillingness to expose to tort law the decisions of government officials responding … In granting the defendants summary judgment on the grounds of qualified immunity, Judge Block stated: An important policy behind qualified immunity is to prevent litigation which “will unduly inhibit officials in the discharge

Scher v. NATIONAL ASS'N OF SECURITIES DEALERS

386 F. Supp. 2d 402 · District Court, S.D. New York · Jul 4, 2005

Id. at 82 , 773 N.Y.S.2d at 381 (noting that plaintiff's "disingenuously crafty" responses were "in toto ... clearly belied by the trial evidence"); People v. … Stock Exch., Inc., 125 F.Supp.2d 656, 658 (S.D.N.Y.2000) (noting that absolute immunity "is a matter not simply of logic but of intense practicality, since, in the absence of such immunity, the Exchange's exercise of its

Lopez v. White Plains Housing Authority

355 F. Supp. 1016 · District Court, S.D. New York · Oct 4, 1972

The defendant Authority has failed to establish any circumstances which would warrant a departure from the reasoning of those decisions. … Plaintiffs, in paragraphs 17-26 of their complaint, have alleged that they were fully qualified for public housing.

Ross v. A.H. Robins Co.

100 F.R.D. 5 · District Court, S.D. New York · Dec 6, 1982

No conflict of interest has been established, and certainly plaintiffs’ counsel has shown itself to be capable. … This is particularly true where, as here, plaintiffs are clearly qualified under the guidelines set forth in Eisen, supra.

Aozora Bank Ltd. v. Securities Investor Protection Corp.

480 B.R. 117 · District Court, S.D. New York · Jan 4, 2012

“Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous.” Id.; see Solow v. … It is a well established legal principle that the assets of a corporation belong to the corporation itself, not to its shareholders.

Estee Lauder, Inc. v. Watsky

323 F. Supp. 1064 · District Court, S.D. New York · Dec 3, 1970

The plaintiff has established a high probability of succeeding at trial. … In the event that it is ultimately established at trial that the products in question are not counterfeit, the plaintiff shall pay the fees and costs of the Master.

Ensign Financial Corp. v. Federal Deposit Insurance

785 F. Supp. 391 · District Court, S.D. New York · Feb 19, 1992

Jurisdiction over OTS In general, the federal government is immune to suit unless it expressly waives that immunity. … The language of Section 401(g) does not clearly convey a congressional intention to qualify the phase-out of supervisory goodwill or any of the other new capital standards.

Claudia Marie Lee v. Town of Wawayanda, et al.

District Court, S.D. New York · Jan 14, 2026

actions violate clearly-established rights of which an objectively reasonable official would have known,” Jones v. … Therefore, Plaintiff’s Qualified Immunity objections, (see Objs. 15– 17), tautologically cannot pass muster.

Megginson v. The City of New York

District Court, S.D. New York · Mar 25, 2025

should dismiss the claims against them based on qualified immunity. … The doctrine of qualified immunity generally shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Kingdom of Norway v. Federal Sugar Refining Co.

286 F. 188 · District Court, S.D. New York · Jan 15, 1923

There may be sound reasons of public policy why a state should be immune from the harassment of litigation in forums and under .conditions not agreeable to the state. … Ed. 425 , be taken out of its-context and be said to qualify the doctrine clearly announced by the court in the above cases.

Sterngass v. Town of Woodbury

433 F. Supp. 2d 351 · District Court, S.D. New York · May 18, 2006

A Plaintiffs Religious Discrimination Claim Must Be Dismissed The one federal claim that plaintiff (who is Jewish) clearly asserts is that the Town’s refusal to let his property be developed for multi-family housing is grounded … Originally, defendant Conroy moved to dismiss on the ground of qualified immunity.