Case law

Sikhs for Justice Inc. ex rel. Singh v. Indian National Congress Party

17 F. Supp. 3d 334 · District Court, S.D. New York · Apr 25, 2014

On June 24, 2011, Nath moved to dismiss the FAC, asserting lack of jurisdiction based upon failure of service, immunity, lack of standing, and the act of state doctrine. (Dkt. No. 31.) … Hosp., 51 N.Y.2d 242 n. 2 , 434 N.Y.S.2d 130 , 414 N.E.2d 632 (1980) (“existence of a qualified administrator” appointed through “issuance of letters of administration” is a condition precedent to maintaining a survival action

Dean Tarry Corp. v. Friedlander

650 F. Supp. 1544 · District Court, S.D. New York · Jan 13, 1987

deprived the person of rights, privileges, or immunities secured by the Constitution or laws of the United States. … This would be true even were planning officials to clearly violate, much less “distort” the state scheme under which they operate. A federal court, after all, “should not ... sit as a zoning board of appeals.”

NY STATE NAT. ORGANIZATION FOR WOMEN v. Terry

732 F. Supp. 388 · District Court, S.D. New York · Feb 27, 1990

The evidence clearly and convincingly establishes that Herlihy knowingly violated the May 4 Order. Therefore, Herlihy is liable for coercive civil contempt sanctions in the amount of $25,000. B. … The evidence clearly and convincingly established that A.

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC

476 B.R. 715 · District Court, S.D. New York · May 15, 2012

Under this definition, the account agreements between Madoff Securities and the defendants clearly qualify as securities contracts. … If the net is positive, the receiver has established liability....”).

Rutherford v. City of Mount Vernon

District Court, S.D. New York · Dec 15, 2023

Evidence of training and policy is particularly relevant where, as here, the defendants intend to argue that they are protected by qualified immunity. … Supp. 2d at 275 (denying qualified immunity where “[a]ny rational jury would find that the [defendant officer’s] order, which overtly violated written [c]ounty policy, was so flawed that no reasonable officer would have

Lacey v. O'Rourke

147 F. Supp. 922 · District Court, S.D. New York · May 7, 1956

They were clearly invalid, and their invalidity is sufficient to establish that the result of the election was favorable to the plaintiff. … The intrusion of the International Body, despite its own established rules, was, to say the least, unusual.

Picard v. Katz

462 B.R. 447 · District Court, S.D. New York · Sep 27, 2011

Furthermore, any payment by Madoff Securities to its customers that somehow does not qualify as a “settlement payment” qualifies as a “transfer” made “in connection with a securities contract.” … Int’l, LLC, 487 F.3d 295 , 301 (5th Cir. 2007) ("In this circuit, proving that IERC operated as a Ponzi scheme establishes the fraudulent intent behind the transfers it made.”); In re Agric. Research & Tech.

Santora v. Civil Service Commission

443 F. Supp. 25 · District Court, S.D. New York · Apr 4, 1977

In this jurisdiction, it has been established beyond peradventure that the state statute of limitations applicable to section 1983 actions is the three-year period for actions “to recover upon a liability, penalty or forfeiture … It is not said the judicial power of the General Government shall extend to enforcing the prohibitions and to protecting the rights and immunities guaranteed.

Nostrame v. Consolidated Edison Co. of New York, Inc.

504 F. Supp. 507 · District Court, S.D. New York · Dec 19, 1980

Although plaintiff may not have been a participant in defendant’s ERI-SA Plan because plaintiff was no longer in defendant’s employ when it was adopted, he is clearly a former employee of defendant whg may become eligible … Such an anomaly was clearly not contemplated by Congress when it enacted ERISA and I decline to endorse it under the facts of this case.

Rosenthal v. Ann Service Corp.

571 F. Supp. 1229 · District Court, S.D. New York · Oct 4, 1983

reports, and collusion, may be brought in federal court. 6 *1232 Plaintiff’s Standing as an Individual Trustee Defendants argue that even if the collective bargaining agreement constitutes an ERISA “plan,” plaintiff fails to qualify … Though defendants do not denominate their claim an objection to “standing,” it clearly fits within this category.

Short v. Manhattan Apartments, Inc.

916 F. Supp. 2d 375 · District Court, S.D. New York · Dec 3, 2012

A showing of discriminatory intent is not necessary to establish a prima facie case. *393 Id. … It is true that a person must be disabled and living with AIDS to qualify from HASA. FF ¶ 6.

Sykes v. Mt. Sinai Medical Center

967 F. Supp. 791 · District Court, S.D. New York · Jun 25, 1997

Plaintiff can clearly establish the first element of his prima facie case; as an African-American, he is a member of a protected class. … As to the question of whether the defendant was qualified, the court holds that plaintiff has introduced enough evidence to make this a genuine issue of material fact.

United States v. Santiago

3 F. Supp. 2d 392 · District Court, S.D. New York · Feb 13, 1998

In response to these rebuffs, the Government sought to obtain an order of immunity and to compel him to testify before a grand jury. … These agents are not empowered to do the tasks laid out by the Government in its Memorandum of Law, such as determining when a grant of immunity should be sought.

Uniformed Firefighters Ass'n, Local 94 v. City of New York

512 F. Supp. 289 · District Court, S.D. New York · Apr 17, 1981

Upon qualifying as permanent, they ascend to permanent status and to attributes of that class. … The defendants clearly had a rational basis for the actions sought to be reviewed herein.

Rahim v. McNary

827 F. Supp. 224 · District Court, S.D. New York · Jul 27, 1993

the United States and performed at least 90 days of qualifying agricultural work during the 12-month period prior to May 1, 1986, provided that the alien could also establish his or her admissibility in the United States … Clauses A and D, quoted above, are direct challenges to the procedures used by the INS in implementing IRCA, and they clearly qualify as collateral attacks.

United States Ex Rel. Rosner v. WB/Stellar IP Owner, LLC

739 F. Supp. 2d 396 · District Court, S.D. New York · Jul 2, 2010

frivolous, clearly vexatious, or brought primarily for purposes of harassment.” … Most of these cases involved the question of whether a website qualifies as “news media,” 93 while one, *407 United States ex rel. Brickman v.

Pasha

District Court, S.D. New York · Mar 25, 2026

. § 1983 claims against the DOH on the grounds of sovereign immunity). … The parties do not dispute that Pasha is a member of a protected class, nor that he was otherwise qualified for his position. Doc. 238 at 20. !

Sassower v. City of White Plains

742 F. Supp. 157 · District Court, S.D. New York · Jul 27, 1990

The Court reasoned that a County may not lawfully establish policy regarding “how the district attorney should prosecute violations of state penal laws,” Id., and therefore the' Onondaga County District Attorney’s prosecutorial … his prosecutorial duties properly, the plaintiff in the instant action is seeking to hold the County liable for what she alleges is a policy and practice by the County of using the District Attorney to accomplish a goal clearly

Coleman v. STATE SUPREME COURT

697 F. Supp. 2d 493 · District Court, S.D. New York · Mar 17, 2010

Rather, to bring an action against a federal agency, such as the FDA, Coleman first must establish a basis for overcoming sovereign immunity. United States v. … Finally, even if the MHP were a "person” subject to suit in a civil rights action, the court clearly acted within the scope of its judicial functions and therefore would be entitled to judicial immunity.

United States v. Vidal

637 F. Supp. 327 · District Court, S.D. New York · Feb 10, 1986

While warrantless inventory searches of vehicles are constitutionally permissible, to qualify as such, a search must be done according to standard and routine police procedures in a situation where it is reasonable for the … The law in the Second Circuit is well established, however, that when the informant, as Mr.