Case law

Oliveras v. New York City

District Court, S.D. New York · Feb 25, 2020

immunity. … established.

Swedenburg v. Kelly

232 F. Supp. 2d 135 · District Court, S.D. New York · Nov 12, 2002

The New York ABC Law also includes (several) significant “exceptions” to the three-tier regulatory scheme which clearly benefit in-state wineries. … The Privileges and Immunities Clause of Article IV, § 2 provides that "[t]he Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” U.S. Const, art. IV, § 2. 10 .

Spicer v. Pier Sixty LLC

269 F.R.D. 321 · District Court, S.D. New York · Jul 27, 2010

To qualify for the retail or service establishment exemption, over half of an employee’s compensation must be from commissions on goods or services. 8 29 U.S.C. 207(i). … The regulations provide two non-exclusive examples of commission plus guarantee plans that would not qualify as bona fide.

Hudson Energy Services, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.)

498 B.R. 19 · District Court, S.D. New York · Sep 16, 2013

On August 17, 2012, the Reorganized Debtors objected to Hudson’s Motion on the basis that electricity did not qualify as “goods” under Section 503(b)(9), (see RD Bankr. … In particular, the Bankruptcy Court praised Erving as “the best analysis of th[e] view” that electricity qualified as a good under Section 503(b)(9). 6 (Id. at 13.)

Block v. First Blood Associates

691 F. Supp. 685 · District Court, S.D. New York · Jul 6, 1988

Because Block has failed to establish that Vajna and Kassar saw the Memorandum during its preparation and dissemination, he cannot establish a prima facie case against them. … defense of qualified privilege as to these communications.

Boyce v. New York City Mission Society

963 F. Supp. 290 · District Court, S.D. New York · May 5, 1997

A plaintiff seeking relief under the ADA must establish that she is a disabled person within the meaning of the ADA, that she is otherwise qualified to perform the essential functions of her job, either with or without reasonable … Plaintiff fails to pleads any facts establishing that she satisfies such a requirement.

Baker v. City of New York

District Court, S.D. New York · Jul 28, 2021

Qualified Immunity “[E]ven if defendants’ actions were unreasonable under current law, qualified immunity protects officers from the sometimes-hazy border between excessive … Because these “disputes overlap both the excessive force and qualified immunity issues, summary judgment must be denied.”

Triumph Hosiery Mills, Inc. v. Triumph International Corp.

187 F. Supp. 169 · District Court, S.D. New York · Jul 18, 1960

The first legitimate interest to be protected is clearly not present here. Plaintiff does not market goods which compete with defendants. … Over 100 corporations have been incorporated in New York State or have qualified to do business therein, whose corporate names begin with the word Triumph.

Oleck v. Fischer

401 F. Supp. 651 · District Court, S.D. New York · Oct 17, 1975

“so clearly wrong that the balance sheet can be found to be false or misleading . . . .” 283 F.Supp. at 666 . … that in appropriate circumstances the failure to establish such a reserve is actionable.

United States v. Siegel

581 F. Supp. 33 · District Court, S.D. New York · Mar 14, 1984

Rogers clearly has symptoms of grandiosity. However his disorder may affect his evaluation of reality, it does not destroy the value of recollected facts. … The testimony here has been primarily of immunized government witnesses. They have a motivation to support the government’s contention.

Grytsyk v. Morales

District Court, S.D. New York · Sep 19, 2023

In general, qualified immunity shields public officials from suit if “(1) their conduct d[id] not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did … Even if raised, based on the present record, qualified immunity from the malicious III.

Ziering v. NY CITY DEPT. OF HEALTH

621 F. Supp. 679 · District Court, S.D. New York · Nov 19, 1985

The court granted the motion based on plaintiff's failure to establish a prima facie case. … See Fed.R.Evid. 803(6) (business records exception to hearsay rule requires "testimony of the custodian or other qualified witness").

Epstein v. Kalvin-Miller International, Inc.

21 F. Supp. 2d 400 · District Court, S.D. New York · Oct 15, 1998

Plaintiff must establish that (i) he is a member of a protected class (i.e., under the ADA, that plaintiff is disabled, and, under the ADEA, that plaintiff is forty years of age or older); (ii) he is qualified to perform … Plaintiff’s heart disease clearly qualifies as a “disability” under this definition. Plaintiff is required to take a regimen of medications to treat his heart disease.

Dubowski v. Ash

108 F.R.D. 190 · District Court, S.D. New York · Nov 20, 1985

Defendants do not challenge the fact that all plaintiffs are represented by qualified and experienced counsel. … The Court finds that all counsel, and particularly the co-lead counsel, are very well-qualified to handle this litigation. .

Fry v. McCall

945 F. Supp. 655 · District Court, S.D. New York · Nov 13, 1996

These are clearly critical issues of public concern. See Patrick, 953 F.2d at 1247-48 ; Patteson, 787 F.2d 1245, 1248 ; C.V. Rao, 905 F.Supp. at 1242-45 . … Finding such a statement to be defamatory would be, contrary to well-established New York law. Therefore, Fry’s causes of action for defamation are dismissed. C.

Committee of Interns & Residents v. New York State Labor Relations Board

420 F. Supp. 826 · District Court, S.D. New York · Sep 28, 1976

The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction and defeated if they receive another. ... … The 1974 Amendments to the federal Act clearly covered both the nursing homes, and the employees who were threatening to strike.

Patterson v. NEWSPAPER AND MAIL DELIVERERS'UNION

765 F. Supp. 158 · District Court, S.D. New York · Jun 24, 1991

The Settlement Agreement also established an Administrator, appointed by the Court, to implement the provisions of the Consent Decree and to supervise its performance. … His opinion was clearly within the scope of the Settlement Agreement.

Querry v. Messar

14 F. Supp. 2d 437 · District Court, S.D. New York · Jul 27, 1998

“It is enough for the plaintiff to suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.” Borkowski v. Valley Cent. Sch. … As previously established Querry is not "otherwise qualified” for her job as police officer, and therefore is not a member of a "disabled” class of police officers protected by the ADA.

Floyd v. City of New York

910 F. Supp. 2d 506 · District Court, S.D. New York · Aug 17, 2012

Smith is therefore qualified to critique Fagan’s decision on this issue. 38 B. … Defendáiíts clearly believe that the program has been effective in reducing crime. Whether or not Smith agrees with defendants’ assessment is irrelevant.

Brandon v. City Of New York

District Court, S.D. New York · Jul 27, 2023

In all events, “reasonable officers could at least disagree” about whether probable cause existed to arrest plaintiff, such that Officer Khan is entitled to qualified immunity. See Hoyos, 999 F. … immunity.