Case law

Neshewat v. Salem (In Re Salem)

290 B.R. 479 · District Court, S.D. New York · Mar 5, 2003

BaNKR. 8013 provides that, “Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility of witnesses.” … The Schmitt court held that state courts are “perfectly well qualified” to determine whether service of process was constitutional and added that it would be inappropriate for a federal court to “second-guess” that determination

Agency of Canadian Car & Foundry Co. v. American Can Co.

253 F. 152 · District Court, S.D. New York · Aug 5, 1918

some matters in respect of which an ambassador’s certificate might not be admissible; but, when he certifies to the law of his country or to the personnel and authority of officials of his government, such certificate is clearly … Ed. 127 , the principle is firmly established in our courts that the rights and liabilities of a state are unaffected, by a change either in the form or personnel of its government, however accomplished, whether by revolution

Marinen v. City of New York

167 F. Supp. 3d 472 · District Court, S.D. New York · Mar 1, 2016

Plaintiffs needed only establish that they were disabled or perceived as disabled. … While it is “unnecessary to show actual malice to qualify for a punitive award, [the] intent standard, at a minimum, require[s] recklessness in its subjective form.”

American Telephone & Telegraph Co. v. Milgo Electronic Corp.

428 F. Supp. 50 · District Court, S.D. New York · Jan 19, 1977

Island District Court in Leesona, supra that a plaintiff’s ability at the time he instituted an action to have raised the *55 subject matter of that action by counterclaim in an action pending in the transferee district qualifies … agree that the defendants maybe have some basis, certainly, as to convenience and all, but the law is, of course, as you all know, that great deference must be shown to the plaintiff’s choice of forum and the burden is clearly

United States Plywood Corp. v. Hudson Lumber Co.

127 F. Supp. 489 · District Court, S.D. New York · Dec 22, 1954

If reformation is still available to Hudson, upon the facts here presented there clearly is a triable issue on the question. … Many of them are clearly equivocal and ambiguous.

Lora v. Shanahan

15 F. Supp. 3d 478 · District Court, S.D. New York · Apr 29, 2014

Souza, 952 F.Supp.2d at 314 (“This Court rejects [the government’s] contention because the word ‘after’ rather than “when’ would communicate such a meaning much more clearly.... … The government also does not dispute that this case was properly brought in New York since "jurisdiction over a habeas petition is established at the time the petition is filed” and Lora filed his petition while "present

Duttle v. Bandler & Kass

127 F.R.D. 46 · District Court, S.D. New York · Jul 6, 1989

Lastly, the defendants argue that they would have established that Tueckmantel was employed by Belle in 1978. … Finally, a few of the documents do qualify as privileged. Each category will be considered in turn. 1.

CT Espresso LLC v. Lavazza Premium Coffees Corp.

District Court, S.D. New York · Nov 22, 2022

Additionally, a qualified privilege attaches to statements made in anticipation of litigation, prohibiting liability unless the statements “were not pertinent to a good faith anticipated … See, e.g., Herzfeld & Stern, 572 N.Y.S.2d at 685 (proceedings before the New York Stock Exchange were quasi-judicial because Federal law “established a comprehensive system of oversight

Solorio v. Asplundh Tree Expert Co.

402 F. Supp. 2d 490 · District Court, S.D. New York · Nov 30, 2005

[T]he orthopedic examination of the claimant today clearly documents a total disability in this case.” (Ex. O at 7, Aug. 8, 2000). 3. … Includ *498 ed in the statute’s list of qualifying “grave injuries” is “an acquired injury to the brain caused by an external physical force resulting in permanent total disability.” 11 N.Y. Workers’ Comp.

Ugarte v. Johnson

40 F. Supp. 2d 178 · District Court, S.D. New York · Mar 19, 1999

Rule 0.23 of the Local Rules of the Second Circuit), in which the court dismissed CSRA claims for lack of jurisdiction and dismissed defamation claims as too vague for the court to determine whether defendant's sovereign immunity … By contrast, plaintiff's claims here are clearly related to her emplojunent since she complains of statements placed in her personnel file and disseminated in the workplace.

City of New York v. Anglebrook Ltd. Partnership

891 F. Supp. 908 · District Court, S.D. New York · Apr 14, 1995

SGA’s erosion and sediment measures clearly fall within the Guidelines of the General Permit. … The City claims that biofilters do not qualify as primary structures for first flush runoff.

United States Ex Rel. Alcohol Foundation, Inc. v. Kalmanovitz Charitable Foundation, Inc.

186 F. Supp. 2d 458 · District Court, S.D. New York · Feb 26, 2002

If Alcohol Foundation does not qualify as an “original source” of the information it has submitted to the Government, the court lacks subject matter jurisdiction. … The report clearly sets forth how a small percentage of beverage alcohol drinkers drink the vast bulk of alcoholic beverages.” (Submission, ¶ 818.) 4 .

Southern Boulevard, Inc. v. Martin Paint Stores (In Re Martin Paint Stores)

207 B.R. 57 · District Court, S.D. New York · Mar 12, 1997

Neither of these “interests” *62 suffices to establish standing. … As to the second “interest,” Persuasion cannot establish standing by “raising another person’s legal rights.” Id.

Gaugler v. United States

204 F. Supp. 493 · District Court, S.D. New York · Apr 16, 1962

Duberstein indeed emphatically rejected the establishment of a standard in this area of the law. … This is clearly expressed in Finding of Fact 22. The record clearly expresses the intention of two of the three members of the committee who passed the resolution. Mr.

Carter v. Caring for the Homeless of Peekskill, Inc.

821 F. Supp. 225 · District Court, S.D. New York · May 20, 1993

This promotion was offered by Terri Powers, the salaried Director of Jan Peek House, and was based on the understanding that he would initiate training towards becoming qualified as a “C.A.C.” or “Certified Alcohol Counselor … While there clearly was a history of sexual tension between Mr. Carter and Dr. Foy, it cannot be said that this was the result of sexual harassment in the work place.

Wenz v. Becker

948 F. Supp. 319 · District Court, S.D. New York · Dec 17, 1996

Wenz also asserts that Becker’s statement about terminating Wenz for cause was not a report on the Tennessee Lawsuit because the statement was not clearly tied to the lawsuit. … Lawsuit, but rather the difficulties ProGroup has experienced recently, as relayed by Becker; (2) Becker’s statement precedes the sentences describing Wenz’s allegations against ProGroup; and (3) Becker’s statement is not qualified

NATSOURCE LLC v. Paribello

151 F. Supp. 2d 465 · District Court, S.D. New York · Jul 13, 2001

Because there is such a small number of potential customers and qualified brokers, Paribello’s ability to immediately solicit any of them on behalf of a Natsource competitor would clearly be detrimental to Natsource. … A broker’s success in such a field clearly depends on his ability to cultivate a relationship with his clients.

Schine v. Schine

250 F. Supp. 822 · District Court, S.D. New York · Feb 7, 1966

Thus the issue presented is whether upon its face the release clearly bars the claim now asserted. … In the circumstances the scope of the release and the matters to which it was intended to apply may be established by parol evidence. The Parol Evidence Rule does not foreclose such testimony.

Nechis v. Oxford Health Plans, Inc.

328 F. Supp. 2d 469 · District Court, S.D. New York · Aug 4, 2004

To qualify as “equitable relief’ under § 502(a)(3), a demand for restitution must seek “a constructive trust or an equitable lien, where money or property identified as belonging in conscience to the plaintiff could clearly … In the present case, the complaint prays for monetary relief that does not qualify as “equitable” under any interpretation of § 502(a)(3).

United States v. Bonanno

177 F. Supp. 106 · District Court, S.D. New York · Sep 30, 1959

The balance of the demands seek minute information of a type to which the defendants are clearly not entitled. … Motions have been made to suppress testimony given to the New York State Commission of Investigation under a grant of immunity.