Case law

Travelers Insurance v. Buffalo Reinsurance Co.

739 F. Supp. 209 · District Court, S.D. New York · Jun 22, 1990

Court recognizes that “[i]f the terms of a contract are unambiguous, the obligations it imposes are to be determined without reference to extrinsic evidence and trade custom and usage is not admissible to contradict or qualify … However, on reargument, these disputed factual issues are clearly material to the outcome of the action and, therefore, preclude the entry of summary judgment. 4 .

Sam & Mary Housing Corp. v. New York State

632 F. Supp. 1448 · District Court, S.D. New York · Apr 16, 1986

That is clearly insufficient to make defendant Jo/Sal a state actor. … The case law is clear in this circuit that participation in litigation alone is insufficient to establish state action.

Fernandes v. McElroy

920 F. Supp. 428 · District Court, S.D. New York · Feb 29, 1996

DISCUSSION The BIA’s determination is clearly unreasonable. … Reviewing the INS’s subsequent amendments and clarifications of the challenged rules and noting that the courts do not owe deference to an agency’s construction when the text of the statute clearly establishes a contrary

Weiss v. Willow Tree Civic Ass'n

467 F. Supp. 803 · District Court, S.D. New York · Feb 8, 1979

No allegation of the complaint establishes a nexus between the civic group and the town officials. … Since the plaintiffs in this case have not alleged, and clearly cannot allege, state involvement sufficient to establish state action, their section 1985(3) claim must be dismissed.

Morales-Horowitz

District Court, S.D. New York · May 15, 2026

Indeed, the Second Circuit has established that at least in Section 1983 cases, “local New York state judges of limited jurisdiction enjoy the same immunity accorded to judges of general jurisdiction.” … Clearly, judicial immunity bars these claims against Judge Morales-Horowitz.

Demetriades v. Kaufmann

680 F. Supp. 658 · District Court, S.D. New York · Mar 8, 1988

It is further conceded that the DDI plans bore a designation which may qualify as notice of common-law copyright. … As such, these unique designs qualify as DDI’s trade dress.

Jones

District Court, S.D. New York · Apr 22, 2026

, unless such immunity is waived.”). … . & Urban Dev., 175 F.3d 132, 139 (2d Cir. 1999), The plaintiff bears the burden of establishing waiver. Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000).

Brache v. County of Westchester

507 F. Supp. 566 · District Court, S.D. New York · Jan 28, 1981

The element of scienter necessary to preserve a law from vagueness adds, by definition, another fact for the prosecution to establish by competent evidence. … The drafters of the Model Act clearly regarded such proof as necessary to repel constitutional attack.

Lacoparra v. Pergament Home Centers, Inc.

982 F. Supp. 213 · District Court, S.D. New York · Oct 10, 1997

B to PI Mem.). 16 That said, pregnancy-related complications usually will not qualify a woman for ADA protection. … Tech Prototype, Inc., 893 F.Supp. 109, 119 (D.N.H.1995) (granting summary judgment where, “[a]lthough plaintiff's pregnancy was clearly complicated by her ovarian cysts, and these complications required her to be out of work

Vandermark v. City of New York

615 F. Supp. 2d 196 · District Court, S.D. New York · May 4, 2009

RICO “[T]o establish a violation of [RICO], a plaintiff must establish that a defendant, through the commission of two or more acts constituting a pattern of racketeering activity, directly or indirectly participated in an … The claims are not clearly stated. What follows is the Court's best attempt to discern the meaning of plaintiffs' allegations. I cannot be sure that I have precisely stated plaintiffs’ intended claims. 15 .

Irving Trust Co. v. Nationwide Leisure Corp.

562 F. Supp. 960 · District Court, S.D. New York · Nov 24, 1982

Prior to discussing the merits of the motion, which clearly must be granted, a preliminary word is in order. … This mechanism was established when Part 378a was finalized.

Laurido v. Simon

489 F. Supp. 1169 · District Court, S.D. New York · Mar 7, 1980

If such a definition is appropriate, then clearly, the numerosity prerequisite is met. … Although an immunity defense was alluded to in certain of defendants’ earlier submissions, neither side has addressed the question whether under Edelman v.

Carner v. MGS-576 5th Ave. Inc.

992 F. Supp. 340 · District Court, S.D. New York · Jan 21, 1998

qualified beneficiary of his rights within 14 days of when the administrator was notified of the qualifying event. 29 U.S.C. 1166(e). 18 The qualified beneficiary is then given 60 days to elect to continue coverage after … Such sanctioning is clearly within this court's discretion pursuant to 29 U.S.C. § 1132 (c).

Credit Lyonnais v. Getty Square Associates

876 F. Supp. 517 · District Court, S.D. New York · Feb 2, 1995

Similarly, courts have allowed pooling by several foreign states in the context of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1603 et seq., which also defines a “foreign state” under Section 1603. … Marshall, 530 F.Supp. 351, 371 (S.D.N.Y.1981) (an unincorporated not-for-profit association of British West Indian governments qualified as an agency of a foreign state under section 1603). Also, in Linton v.

Citizens Committee for the Hudson Valley v. Volpe

302 F. Supp. 1083 · District Court, S.D. New York · Jul 11, 1969

These procedures clearly meet the requirements of due process. Bragg v. Weaver, 251 U.S. 57 , 40 S.Ct. 62 , 64 L.Ed. 135 (1919); Fifth Ave. Coach Lines, Inc. v. … Since jurisdiction has been established under the Administrative Procedure Act and the Federal Question Statute, we do not determine if jurisdiction exists under the Mandamus Act (28 U.S.O. § 1361), the Commerce and Anti-Trust

Dunham v. Philip Lobello

District Court, S.D. New York · Mar 10, 2021

Officer Lobello is Not Entitled to Qualified Immunity at this Stage of the Litigation A court will grant qualified immunity if “one of two conditions is satisfied: (a) the defendant’s action did not violate clearly … Thus, summary judgment on the basis of qualified immunity is precluded. II.

Simpkins v. Davidson

302 F. Supp. 456 · District Court, S.D. New York · Apr 24, 1969

propositions of fact alleged to be uncontroverted as set forth in their statement pursuant to General Rule 9(g) of this court, the complaint and supporting papers fail to state a claim upon which relief can be granted and to establish … According to his complaint, plaintiff, a resident of New York, is qualified to do business in this state under the trade name Cosmic Cultural Company.

Cox v. The City of New Rochelle

District Court, S.D. New York · Aug 12, 2019

In any event, Plaintiff clearly fails on the merits to state a claim. … However, this advocacy-related action — convincing witnesses to testify falsely — is clearly covered by absolute immunity.

King v. Town of Wallkill

302 F. Supp. 2d 279 · District Court, S.D. New York · Feb 13, 2004

and therefore is not a “qualified individual with a disability” under either statute. … To be a “qualified individual,” plaintiff bears the burden of proving that he is qualified to perform the essential functions of a police officer in the Town, with or without reasonable accommodation.

Hellenic Lines, Ltd. v. O'HEARN

523 F. Supp. 244 · District Court, S.D. New York · Sep 21, 1981

Jackson Engineering would easily qualify as an enterprise alone, as would Seregos individually. The third possibility is for Jackson Engineering and Seregos jointly to be the “enterprise.” … It was established in United States v.