Case law

Klaw v. Schaffer

151 F. Supp. 534 · District Court, S.D. New York · May 7, 1957

Sunshine Book Company as authority to provide immunity to such a business on the ground that only a substantial portion of it, rather than all of it, is offensive under the statute. … Plaintiff’s contention, not, however, pressed, that Section 259a is vague and indefinite, not establishing a reasonable standard of non-mailability, has been authoritatively rejected. Swearingen v.

George v. Mobil Oil Corp.

739 F. Supp. 1577 · District Court, S.D. New York · Feb 8, 1990

They explained that management considered Davis better qualified for the restructured position. … This is remarkable in light of the Area Executive Position Description, which clearly assigns high priority to the functions of planning business strategy and establishing short- and long-term operating and financial objectives

United States v. Rannazzisi

434 F. Supp. 619 · District Court, S.D. New York · Jul 21, 1977

This clear and inescapable provision of law is drilled into each inspector on the assumption of his sworn duties; it is clearly set out in the handbook (the “bible” of the department) issued to him by his superiors of the … The hollowness of defendant’s “cooperation” is established by an episode in the courtroom. On the day his guilty plea was taken (March 8, 1977), with his attorney and Mr.

Sailor v. Scully

666 F. Supp. 50 · District Court, S.D. New York · Aug 11, 1987

that since the New York enhanced sentence hearings at issue do not adjudicate facts relating to the defendant’s underlying offense, these hearings cannot be considered an extension of the trial on the merits and hence are immune … Clearly .we have here a dangerous felon; there is a substantial risk that he will pose a danger to the public if released.

Hamilton v. Sirius Satellite Radio Inc.

375 F. Supp. 2d 269 · District Court, S.D. New York · Jun 28, 2005

Court of Appeals for the Second Circuit “has recognized unequivocally that where an employee has been told that he will be terminated at the end of a 90-day period no matter what he did, this ‘statement alone suffices to establish … The law is not as clearly defined as the petitioner implies.

Clark v. Coombe

544 F. Supp. 799 · District Court, S.D. New York · Aug 11, 1982

and underscored that the burden of showing intent rested upon the prosecution to establish this element beyond a reasonable doubt; further, that the element could be established by direct and circumstantial evidence or a … Moreover, the slight inaccuracy was submerged in the totality of references to the testimony, and clearly was not so egregious as to taint the fundamental fairness of the trial.

Craig v. Bank of New York

169 F. Supp. 2d 202 · District Court, S.D. New York · Apr 27, 2001

In light of this information, EMM advised BNY that the stock deposited by Alpine did not qualify to fund the trust. See id. 2. … By resigning as trustee, BNY clearly repudiated its obligation to administer the trust.

Duff v. Coughlin

794 F. Supp. 521 · District Court, S.D. New York · Jul 27, 1992

If important documents were seized and destroyed, plaintiff, whose typewritten papers are grammatically correct and lucid, would clearly have been able to furnish at least some details of their content and the consequences … To establish that a conspiracy existed plaintiff must demonstrate that the defendants “agreed” or “reached an understanding” to violate his rights.

Frumkin v. International Business MacHines Corp.

801 F. Supp. 1029 · District Court, S.D. New York · Jul 1, 1992

Acting” Manager of the Department, he was prohibited by his new *1032 manager, Donald Gorr, from dealing directly with the two major travel agencies for which his department was responsible, and that “[t]his restraint was clearly … undertaken in a bad faith effort to induce Plaintiff's retirement and replace him with a younger employee, may fairly be read to intend an allegation that Defendant's activities in procuring that retirement were not entitled to immunity

In Re September 11th Liability Insurance Coverage Cases

333 F. Supp. 2d 111 · District Court, S.D. New York · Mar 1, 2004

The CGL Policy Endorsement provides, under the category “Additional Insured” that “Managers of Lessors of Premises” qualify as such. … New York clearly has "the most significant relationship to the transaction and the parties.” Id. 4 .

Colucci v. New York Times Co.

533 F. Supp. 1011 · District Court, S.D. New York · Mar 10, 1982

However, as the Court noted, this clearly was no substitute for applying for the position when in fact it had been posted and became available. … Moreover, even if plaintiff had properly and timely applied, the evidence was overwhelming (1) that he was not qualified for the position and (2) that the challenged appointment was made solely on the basis of legitimate

Felix v. New York City Transit Authority

154 F. Supp. 2d 640 · District Court, S.D. New York · Jul 16, 2001

Second, plaintiff must identify the activity claimed to be impaired and establish that it constitutes a “major life activity.” See id. … “It is well established that under the ADA, the employer’s duty reasonably to accommodate a disabled employee includes reassignment of the employee to a vacant position for which she is qualified.” Dalton v.

Florence Nightingale Nursing Home v. Blum

570 F. Supp. 285 · District Court, S.D. New York · Jul 27, 1983

While I would not dispute that the language of § 1396a(a)(13)(E) is summary in its allocation of the reimbursement burden to the State, it nevertheless clearly calls for a cost-based reimbursement program. … In essence [the state agency] argues that when it has established a formula as to how much the patient should be able to provide from his or her private resources, it agrees to pay only the difference between that sum and

Levich v. Liberty Central School District

258 F. Supp. 2d 339 · District Court, S.D. New York · Apr 23, 2003

. § 1983 alleging a deprivation of rights, privileges and immunities secured by the First and Fourteenth Amendments of the United States Constitution. … This argument merely establishes that there are issues of fact which contraindicate the preliminary injunctive relief sought by plaintiff. 3 .

United States Ex Rel. Epton v. Nenna

318 F. Supp. 899 · District Court, S.D. New York · Oct 5, 1970

Washington, 369 U.S. 541, 545 , 82 S.Ct. 955 , 8 L.Ed.2d 98 (1962), and (2) may assign the decision to prosecute to highly selected and specially qualified people —e.g., law-trained prosecutors. Lem Woon v. … Elaborating the latter proposition, this court would deem itself clearly bound by a decision of the Supreme Court that other, adequate grounds immunize the state conviction against reversal without reaching the constitutional

United States v. Bausch & Lomb Optical Co.

45 F. Supp. 387 · District Court, S.D. New York · May 27, 1942

That, however, does not immunize the distribution system devised by Soft-Lite. Neither was there a written agreement in Federal Trade Commission v. Beech Nut Packing Co., supra, but that did not avail. … It is clearly a “bargain to deal exclusively with another”, Restatement, supra, § 516.

Jia-Ging Dong v. Slattery

870 F. Supp. 53 · District Court, S.D. New York · Nov 23, 1994

I.N.S., 18 F.3d 1017, 1030-31 (2d Cir.1994) (union leader’s activities organizing a strike and demonstrations “clearly evince the political opinion that ... workers should be given more rights”); Dwomoh v. … An applicant for asylum must establish a "well-founded fear of persecution,” while an applicant for withholding of deportation must establish a higher showing of "clear probability of persecution.”

Rochford v. New York Fruit Auction Corp.

33 F. Supp. 932 · District Court, S.D. New York · Jun 13, 1940

Ardeeco filed an involuntary petition in bankruptcy in this Court and an order of adjudication was thereafter made, a referee was appointed, and at the first meeting of creditors the plaintiff was appointed trustee and duly qualified … My conclusion is that the proof in the case falls far short of establishing any fraud; the relation was clearly that of debtor and creditor; title to the merchandise did pass, and the plaintiff is entitled to judgment.

Faustino v. Immigration and Naturalization Service

302 F. Supp. 212 · District Court, S.D. New York · Jun 17, 1969

Clearly, the request for convocation of a three judge court pursuant to 28 U.S.C. §§ 2282 , 2284 will not suffice. … While the latter is undoubtedly true, the former cannot be so easily established.

Apgar Travel Agency, Inc. v. International Air Transport Ass'n

107 F. Supp. 706 · District Court, S.D. New York · Oct 2, 1952

The doctrine of the primary jurisdiction of administrative agencies is well established in a large body of learning commencing with Texas & Pacific Ry. v. … Furthermore, it is not to be presumed that the Board will abuse its authority, but on the contrary, that it will exercise its power “upon a full consideration of all the attending circumstances” 13 which it is peculiarly qualified