Case law

Taylor v. Childrens Village

District Court, S.D. New York · Apr 21, 2021

Henderson, 257 F.3d 246, 252 (2d Cir. 2001)). 2 An individual meets this third requirement “if the individual establishes that he or she has been subjected to an action prohibited under this … Even if Plaintiff’s anemia could qualify as a disability under the ADA, her claim that her employer failed to accommodate her anemia would fail for other reasons.

Sagaria v. Jail

District Court, S.D. New York · Sep 24, 2021

Hynes, Nos. 04-CV-574, 04-CV-2907, 2004 WL 6 Plaintiff briefs only the issue of qualified immunity, which is not relevant to the issue of quasi-judicial immunity. As such, the Court does not address it. … Simply put, such miscommunications do not qualify as constitutional fouls. See Blackburn v. Wash. Dep’t of Soc. & Health Servs., No. 11-CV-5385, 2011 WL 3563741, at *2 (W.D. Wash.

Kiss

District Court, S.D. New York · Sep 17, 2025

June 1, 2020) (relying on Muehler and Summers and concluding that, because the defendants were “entitled to qualified immunity as to the search, they are also entitled to qualified immunity . . . as to the detentions … immunity.

Singleton v. Cory

465 F. Supp. 14 · District Court, S.D. New York · Oct 27, 1978

It was noted that, in order to be elected an officer, the person must qualify under Article XI of the Constitution. Another portion of the minutes is entitled “Nomination Provisions.” … Duties and procedures for nomination of officers were established at the conference.

Kirby v. Wildenstein

784 F. Supp. 1112 · District Court, S.D. New York · Feb 24, 1992

These vague allegations of damages, clearly inadequate in light of the rule that special damages be stated with particularity, prompted our Memorandum En *1117 dorsement stating that summary judgment would be granted if plaintiff … Such round numbers, as stated clearly in Drug Research, may not qualify as special damages.

Tanjutco v. NYLife Securities LLC

District Court, S.D. New York · Sep 10, 2024

(Dkt. 37) in which it principally argues that it is immune from suit under the doctrine of sovereign immunity. … There is no diversity jurisdiction, they argue, because even though petitioner "fails to clearly allege her own citizenship," she acknowledged in her original Petition (and in her in forma pauperis application, see Dkt.

Wang v. Palmisano

51 F. Supp. 3d 521 · District Court, S.D. New York · Sep 30, 2014

Feb. 19, 2014) (noting that New York law “establishes a six-year limitations period” for wage claims). … But “[t]o qualify for equitable tolling” on an FLSA claim, Plaintiff “must establish that extraordinary circumstances prevented [hi m] from filing [his] claim on time, and that [he] acted with reasonable diligence throughout

Polo Fashions, Inc. v. Extra Special Products, Inc.

451 F. Supp. 555 · District Court, S.D. New York · May 8, 1978

Once the intent to cause confusion is established, the Court will presume that the infringer accomplished his purpose. … Therefore, because the infringing marks did not qualify as variations of the prior registered mark and because Lomar’s earliest possible use of the infringing mark was in 1972, well after plaintiff had established its common

Clune v. Barry, Jr.

District Court, S.D. New York · Sep 23, 2024

Objections must be “specific and clearly aimed at particular findings” in the Report and Recommendation. Molefe v. KLM Royal Dutch Airlines, 602 F. … Such an argument “would allow a defendant to use the statute of limitations as a sword to immunize a second fraud (which might be more difficult to detect).” See CSI Inv. Partners II, L.P. v.

Ohuche v. Merck & Co.

903 F. Supp. 2d 143 · District Court, S.D. New York · Oct 12, 2012

Shingles is most common in older adults and people who have weakened immune systems. There is no cure for shingles. See WebMD, http://www.webmd.com/ skin-problems-and-treatments/shingles/ shingles-topic-overview. . … In any event, Ohuche submitted a photograph dated March 26, 2009, which clearly shows pustules on her cheek. See Pl. Opp. Ex. 1.

Liles v. New York City Department of Education

516 F. Supp. 2d 297 · District Court, S.D. New York · Sep 27, 2007

To establish a prima facie case of discriminatory disparate treatment, the plaintiff must show 1) that she belonged to a protected class; (2) that she was qualified for the position she held, or that she satisfactorily performed … second prong of the prima facie test — “that he was qualified for the position.”

Jordan-Rowell

District Court, S.D. New York · Mar 31, 2026

This claim, too, is barred by the doctrine of sovereign immunity. … Here, Plaintiff’s claim for damages is based on the denial of her tax refund, which falls clearly within the statute’s prohibition.

Jackson v. Annucci

District Court, S.D. New York · Jun 23, 2021

Supp. 3d at 631 (“Venettozzi is entitled to qualified immunity for his affirmance of [p]laintiff’s Tier III Hearing disposition.”); see also McGriff, No. 17-CV-7307, 2019 WL 6033421, at *9 (S.D.N.Y. … Nov. 13, 2019) (same); Lebron, 2017 WL 365493, at *9 (finding that “qualified immunity attaches” because “not every reasonable official would understand that” “failure to correct a procedural due process violation on

Lovely H. v. Eggleston

235 F.R.D. 248 · District Court, S.D. New York · Apr 19, 2006

Here, the Plaintiffs are clearly disabled as that term is used under New York law. … Segregation under the ADA is permitted only in the specific and narrow circumstance where an agency establishes that such segregation is “necessary to provide qualified individuals with disabilities with aids, benefits or

Clarke v. Bank of New York

687 F. Supp. 863 · District Court, S.D. New York · May 19, 1988

The expert testimony at trial clearly established that the Bank’s stock is a thinly-traded stock. … In addition, plaintiff was not qualified as an expert on the valuation of stocks and bonds and his opinion on the amount of damages he has suffered is, therefore, not binding on the Court.

Federal Trade Commission v. Five-Star Auto Club, Inc.

97 F. Supp. 2d 502 · District Court, S.D. New York · May 17, 2000

To qualify for a VIP lease, a consumer (at what I will call the “A” level) had to establish both a “primary group” and “secondary group” of new members. (MS Dep., pp. 61(3)-63(11); PX8, p. 20; PX 21). … Additionally, a consumer participating in the VIP program had to establish a secondary group (“C” level) that was three time the size of his/ her primary group in order to qualify to lease a vehicle for free or for $100 per

Lopez

District Court, S.D. New York · Apr 13, 2026

This Court must dismiss an IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … Because Plaintiff does not specify the nature of her disabilities, or how they limit her daily activities, she has not established that the accommodations she requested—a “memory aid” while touring shelters,

National Coalition for Public Education & Religious Liberty v. Harris

489 F. Supp. 1248 · District Court, S.D. New York · Apr 18, 1980

Title I clearly adheres to the child benefit principle established in Everson and Allen . … Title I’s adherence to the child benefit principle does not, however, make the statute automatically immune from a primary effects challenge.

Flores v. Keane

211 F. Supp. 2d 426 · District Court, S.D. New York · Jun 13, 2001

The juror was clearly qualified under the abuse of discretion standard of review or a de novo standard. The alleged error was unpreserved and harmless because trial counsel did not exhaust his peremptory strikes. … (vn) Petitioner objects that his exclusion from sidebar conferences during voir dire “was contrary to clearly established _ Federal Law” and cites Snyder v.

Law v. Cullen

613 F. Supp. 259 · District Court, S.D. New York · Jul 15, 1985

assigned tasks but also be mindful of their positive duty to respect the constitutional rights of the public is evidenced by the fact that the procedure for identifying likely offenders starts even before candidates are found qualified … The claim that a municipality may be held liable for the violation of an individual's constitutional rights because of an employee's absenteeism is clearly without merit. 8 . Cf.