Case law

Press v. Marvalan Industries, Inc.

468 F. Supp. 1072 · District Court, S.D. New York · Mar 28, 1979

M V Sandpiper, 331 F.2d 130 (2d Cir. 1964); 6 Moore’s Federal Practice at 56-64. *1078 Of course, the moving party carries the burden of clearly establishing the absence of any genuine issue of material fact and all doubts … He argues that he cannot be held accountable on these claims because he was at all times acting within the scope of his duties as an officer and director of both Marvalan and White Lamps and is thus entitled to immunity.

Meckel v. Continental Resources Co.

586 F. Supp. 407 · District Court, S.D. New York · Apr 16, 1984

which Citibank asserts was mailed on July 16, 1979, provided that the debentures had to be converted into Florida Gas common stock by August 20, 1979 or the debentures would be considered redeemed at their face value as established … Citibank’s duty to provide notice is clearly set out in the indenture.

Fierro v. New York City Department of Education

994 F. Supp. 2d 581 · District Court, S.D. New York · Feb 4, 2014

Authority to set municipal policy resides in “the official or officials responsible for establishing final policy with respect to the subject matter in question.” … (the “Americans with Disabilities Act” or “ADA”); id. § 12132 (prohibiting discrimination against any “qualified individual with a disability ... by reason of such disability”), not by the Constitution, see Bd. of Trustees

United States Ex Rel. Fortmueller v. Commissioner of Immigration

14 F. Supp. 484 · District Court, S.D. New York · Mar 21, 1936

Without more, clearly this statement was enough to enable the Labor Department to make a finding adverse to the relator on the first charge. That being true, there is no occasion to go further in the inquiry. … I think examination of the record makes clear that the department was entitled to say, as it did say, that the third finding also was established.

Swaida v. IBM Retirement Plan

570 F. Supp. 482 · District Court, S.D. New York · Aug 24, 1983

sole purpose of the 1000 hour language was to protect part time workers, others expressed the view that the 1000 hour rule was to protect full time workers as well. 25 Because the 1000 hour rule cannot be claimed to have a clearly … Congress’ specific concern was that the minimum standards established by ERISA would discourage the growth of pension plans. See H.R.Rep.

Soto v. Lefevre

651 F. Supp. 588 · District Court, S.D. New York · Sep 2, 1986

It cannot seriously be argued, however, that because this first part of the statement met the reliability criteria set forth in Settles that Benny’s every subsequent utterance qualifies as admissible hearsay. … The Court was careful to stress, however, that it was establishing “no new principles of constitutional law,” nor was it signalling “any diminution in the respect traditionally accorded to the States in the establishment

Ritch v. New York Eye and Ear Infirmary

District Court, S.D. New York · Sep 29, 2023

[the Coordinator] also informed me that all applications are currently on hold and they are not giving out any badges at this time… I also spoke to the nurse at my doctor's office and was told that the immunizations forms … Patel clearly share a common interest. Dr. Patel is the Chairman of the Medical Board of NYEE. Dkt. No. 120 at ¶ 14. Dr. Tsai is the President of NYEE. Dkt. No. 120 at ¶ 1.

American Trucking Associations, Inc. v. New York State Thruway Authority

199 F. Supp. 3d 855 · District Court, S.D. New York · Aug 10, 2016

In their brief opposing Defendants’ earlier motion to dismiss, Plaintiffs withdrew their Privileges-and-Immunities claim. (See Opp’s to Defs.’ Mot. to Dismiss (Dkt. No. 22) at 25.) … Any motorist can qualify for the commuter rate by purchasing a “bundle” of at least 20 trips. Only Grand Island residents, however, can get the lowest rate. Id. at 256 .

Verone v. Catskill Regional Off-Track Betting Corp.

10 F. Supp. 2d 372 · District Court, S.D. New York · Jun 25, 1998

Similarly, Sunday work assignments are based on employee preference, and employees are permitted to sign up for Sunday work through a clearly nondiscriminatory process. … Plaintiffs March 27, 1996 letter to Catskill management complaining about discriminatory scheduling in favor of younger cashiers clearly qualifies as a protected activity.

United States v. Simmon

153 F. Supp. 3d 617 · District Court, S.D. New York · Dec 28, 2015

(Id. at 35) In sum, Kromah’s testimony [at trial] very clearly sets forth that Defendant explicitly threatened him with harm if Kromah refused to drive the Defendant to the second location. … Div. 1st Dep’t 1993) (shoving sufficient to establish *628 force); People v. Safon, 166 A.D.2d 892 , 560 N.Y.S.2d 552, 552 (N.Y. App. Div. 4th Dep’t 1990) (evidence sufficient to establish the use of force); People v.

Hotchner v. Castillo-Puche

404 F. Supp. 1041 · District Court, S.D. New York · Nov 12, 1975

Saying that summary judgment is required where “it becomes clear that a plaintiff cannot establish . … Whether an attorney is a public figure clearly depends upon the circumstances of the particular case.

M.A. v. New York Department of Education

1 F. Supp. 3d 125 · District Court, S.D. New York · Feb 25, 2014

The individually-named City defendants go on to argue that they are entitled to qualified immunity from liability on plaintiffs’ claims under the ADA and the Rehabilitation Act. (Id. at 10-11; City Defs.’ Summ. J. … Based on our determination that plaintiffs have failed to establish liability, we do not address the individual City defendants' argument that they are entitled to qualified immunity. .

Adey v. United Action for Animals, Inc.

361 F. Supp. 457 · District Court, S.D. New York · Jun 25, 1973

“Has Adey qualified himself to use this modern and precise research? Apparently not.” (Report, P. 12) j. … The plaintiff’s status placed upon him, under the rule established by New York Times Co. v.

United States v. Peltz

18 F.R.D. 394 · District Court, S.D. New York · Dec 1, 1955

They must be given their ordinary meaning to carry out the purpose of establishing a more liberal policy for the production, inspection and use of materials at the trial.” … He is immune from question or comment on his silence; he cannot be convicted when there is the least fair doubt in the minds of any one of the twelve.

Lambros Seaplane Base, Inc. v. The Batory

117 F. Supp. 16 · District Court, S.D. New York · Dec 7, 1953

Nor do I believe, that if the ship was not guilty of conversion in taking the plane aboard, it became a converter by its qualified refusal to return the plane when libelant later demanded it. … There is clearly no surprise or prejudice here, since the issue of negligence was extensively argued by both parties.

Yeung v. Reno

868 F. Supp. 53 · District Court, S.D. New York · Nov 3, 1994

See Lin, 855 F.Supp. at 8 n. 6 (“Senator Simon states, ‘although [Chinese who otherwise qualify for the protections we established against forced return should not be barred because they entered the United States without … Clearly, cases can and will be made on both sides of this issue.’ ”).

Abbatiello v. Monsanto Co.

522 F. Supp. 2d 524 · District Court, S.D. New York · Nov 2, 2007

Whether a particular activity qualifies as “abnormally dangerous” depends on a number of factors. Doun-doulakis, 398 N.Y.S.2d 401 , 368 N.E.2d at 27 . … Reviewing the factors enumerated in Restatement § 520, only factors (b) and (d) are clearly present.

Davis v. Elliot Management Corp. (In re Lehman Bros. Holdings Inc.)

508 B.R. 283 · District Court, S.D. New York · Mar 31, 2014

The kinds of expenses that qualify as administrative expenses are described by a list in § 503(b), and the special treatment given to those expenses is established by § 507(a)(2). 11 U.S.C. §§ 503 (b), 507(a)(2). … That section authorizes professional fee expenses for any entity that qualifies for expenses under § 503(b)(3)(A) through (E). Id. § 502(b)(4).

Chen-Oster v. Goldman, Sachs & Co.

251 F. Supp. 3d 579 · District Court, S.D. New York · Apr 12, 2017

men instead of her to positions she was qualified to hold.” … Plaintiffs cite no authority in this circuit where the relation back doctrine has been applied to establish standing, and the Court declines to do so here.

Financial Matters, Inc. v. PepsiCo, Inc.

806 F. Supp. 480 · District Court, S.D. New York · Nov 17, 1992

FMI next alleges that PepsiCo acquired its trademark through deception, by falsely representing that it was the unconditional owner of the marks, when it never actually had such rights because after 1977 it no longer qualified … Plaintiffs in the final analysis have failed to establish on this record that they will suffer any irreparable injury if an injunction in their favor is denied.