Case law

Permanent Mission of the Islamic Republic of Iran to the United Nations v. 1030 Fifth Avenue Corp.

833 F. Supp. 318 · District Court, S.D. New York · Sep 20, 1993

The adverse user in New York bears the burden of establishing adverse use by clear and convincing evidence. Speigel v. … Finally, plaintiff claims that the Residence is reserved for public or governmental purposes and is therefore immune from prescription by adverse use. PI. Prop. Find, at 29.

In Re Lefkowitz

767 F. Supp. 501 · District Court, S.D. New York · May 14, 1991

Arcadia established the Arcadia Trading Company Ltd. Defined Benefit Pension Plan (the "Arcadia Plan") and Bay Novelty established the Bay Novelty and Inspection Co. Defined Benefit Pension Plan (the "Bay Plan"). … Clearly ERISA applies to the Plans at bar and jurisdiction is vested in this court pursuant to 29 U.S.C. § 1132 (a)(3).

Aramas v. Pollizzi

District Court, S.D. New York · May 19, 2022

Qualified immunity, of course, “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … immunity.”); Lebron, 2017 WL 365493, at *9 (finding that “qualified immunity attaches” because “not every reasonable official would understand that” the “failure to correct a procedural due process violation on appeal

Global View Ltd. Venture Capital v. Great Central Basin Exploration, L.L.C.

288 F. Supp. 2d 473 · District Court, S.D. New York · Sep 24, 2003

STATUTORY IMMUNITY Defendants argue that they have statutory immunity, under Illinois law, from individual liability for the torts of the limited liability companies of which they are members. 1 Defendants recognize that … Mindful that “motions to strike are generally disfavored and will not be granted unless the matter asserted clearly has no bearing on the issue in dispute,” Kounitz v.

Farrand Optical Co. v. United States

107 F. Supp. 93 · District Court, S.D. New York · May 2, 1952

by a complex formula set forth in .Section 577, based .on the employer’s payroll of the calendar year preceding the computation date, and certain experience factors based on its payroll for the three years prior to the establishment … reduction of costs was to be made by the Navy for credits of such a nature; that at the time of the negotiation of the contracts, ‘ the Navy took a position that accorded with the plaintiff’s -contention; - that this is clearly

Perry v. Manocherian

675 F. Supp. 1417 · District Court, S.D. New York · Nov 30, 1987

To establish a prima facie case of employment discrimination, McIntosh must prove (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; ( … That McIntosh is a member of a racial minority has already been established.

In Re Klein's Outlet, Inc.

50 F. Supp. 557 · District Court, S.D. New York · Feb 26, 1942

He qualified October 2, 1941. The debtor filed a petition for an arrangement October 3, 1911. The same day Lipton filed an answer to the involuntary petition denying insolvency. … The papers now before the court do not clearly establish that these proceedings were brought in bad faith to defeat any claim of Rose Klein or Klein’s Outlet, Inc. *560 Since both Rose Klein, as a stockholder, and Lipton,

Buchanan v. Jonathan Darche

District Court, S.D. New York · Aug 23, 2021

“Qualified immunity protects government officials from civil damages liability ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “[W]hen an official raises qualified immunity as a defense, the court must consider whether: ‘(1) . . . the official violated a statutory or constitutional right, and (2)... the right was clearly established at the time

Frankel v. Securities and Exchange Commission

336 F. Supp. 675 · District Court, S.D. New York · Oct 20, 1971

Sun Shipping & Drydock Co., 288 F.Supp. 708, 711 (E.D.Pa.1968), the question is presented “whether files once classified ‘investigatory files’ may forever after retain that characterization so as to be immune from *678 disclosure … David, 448 F.2d 1067 (D.C.Cir. 1971), “Congress clearly has the power to eliminate ordinary discretionary barriers to injunctive relief, and we believe that Congress intended to do so here.”

Steinbergin v. City of New York

District Court, S.D. New York · Feb 4, 2021

Second, and in any event, Detective Hairston and UC 0076 are entitled to qualified immunity with respect to Steinbergin’s claim for false arrest and false imprisonment. … That is, Detective Hairston and UC 0076 are entitled to qualified immunity because, at a minimum, arguable probable cause to arrest Steinbergin existed even before UC 0076 identified him.

U.S. Securities & Exchange Commission v. Universal Express, Inc.

475 F. Supp. 2d 412 · District Court, S.D. New York · Feb 21, 2007

The Organizational Defendants attempt to immunize their challenged conduct by asserting that the 500 million unregistered shares were issued “in accordance with and pursuant to Exhibit T [the Option Plan]” of the bankruptcy … Appropriate Relief The question of appropriate relief against Neuhaus clearly must be addressed after a trial.

Establissements Edouard Materne, S. A. v. the S.S. Leerdam

143 F. Supp. 367 · District Court, S.D. New York · Jul 19, 1956

Unquestionably, rough weather and heavy seas were encountered, but where a vessel is subjected to no greater risk or damage than reasonably might have been anticipated on the voyage, “peril of the sea” furnishes no immunity … Supp. 881 : “It is hardly necessary to rely on those cases holding that negligence as an inference of fact is established when dry cargo is damaged by liquid goods.” 69 F.Supp. at page 888 .

Yuen v. Internal Revenue Service

497 F. Supp. 1023 · District Court, S.D. New York · Aug 27, 1980

Since her oath of allegiance, on which she relies exclusively to establish her statutory claim, 11 was executed on June 10, 1980, Ms. … Motion For A Preliminary Injunction at 17). *1030 Plaintiff argues that acceptance of her interpretation of the statute would not undermine these statutory exemptions, because aliens from the enumerated countries will be immune

Leifer

District Court, S.D. New York · Oct 28, 2025

If only a portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). … If only a portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins).

Newmarkets Partners, LLC v. Sal. Oppenheim Jr. & Cie. S.C.A.

258 F.R.D. 95 · District Court, S.D. New York · Feb 26, 2009

As such, they purport to establish business obligations and restrictions between Mathes and Tatara. … Under Plaintiffs’ interpretation of the law, to qualify for derivative standing, Tatara must “establish a reasonable doubt” that Mathes “exercised [her] independent and disinterested business judgment in responding to a demand

Martran Steamship Co. v. Aegean Tankers Limited

170 F. Supp. 477 · District Court, S.D. New York · Feb 11, 1959

This agency relationship apparently continued throughout the transaction and qualifies Martran to act on behalf of the owner. … As to respondent’s contention that this action is not clearly within the admiralty jurisdiction of this Court, the law is well established that the nature of the contract or matter in dispute controls as to the question of

Ramachandar v. Sobol

838 F. Supp. 100 · District Court, S.D. New York · Oct 15, 1993

The Second Circuit has clearly defined the requirements for a prima facie ease under the Act. … To establish a prima facie violation of § 504, a plaintiff must prove: (1) he is a “handicapped person” under the Rehabili- . tation Act; (2) he is “otherwise qualified” for' the program; (3) he is excluded from benefits

United States v. General Dyestuff Corp.

57 F. Supp. 642 · District Court, S.D. New York · Nov 6, 1944

The means do not qualify the charge of conspiracy, Jelke v. United States, 7 Cir., 1918, 255 F. 264 , and need not be proved as alleged, United States v. … It has long been established that the legality of the means selected to effectuate an unlawful purpose does not immunize those engaged in the conspiracy to accomplish it. United States v.

Liddy v. Cisneros

823 F. Supp. 164 · District Court, S.D. New York · May 25, 1993

The 1988 regulations do not deny assisted tenants living in section 8 housing programs transfers if they establish that they qualify for a preference under the statutory preference groupings set forth in 42 U.S.C. § 1437f … To establish discrimination under Section 504,- “a complaining party is required to show that: (1) she is a handicapped person under the Act; (2) she is ‘otherwise qualified’ for the position; (3) she' was excluded, from

United States v. Bin Laden

92 F. Supp. 2d 189 · District Court, S.D. New York · Mar 13, 2000

Premises are also immune from taxation. Whether they are immune from other means of law enforcement, or from the receiving state’s jurisdiction generally, has not been authoritatively addressed. … Given (i) that Congress clearly had the authority to enact Sections 2332 and 2332a (as established in Section IV above), and (ii) that the passive personality principle is “increasingly accepted as applied to terrorist and