Case law

Stonehill v. Security National Bank

68 F.R.D. 24 · District Court, S.D. New York · Jun 30, 1975

“While some such loans may qualify for exemption under § 221.2, unless *40 they do qualify for such an exemption they are subject to this part. … However, the undisputed facts so clearly establish that Royal was on notice with respect to the April 23 loan and failed to discharge the duty to investigate imposed on it by regulation, that the issue of reasonable care

LTV Corp. v. Aetna Casualty & Surety Co.

116 B.R. 887 · District Court, S.D. New York · Jul 11, 1990

A review of the legal *907 precedents clearly establishes that the bond replacements qualify as both a substituted contract and novation. … The documentation between the parties clearly establishes that the Aetna bond No. 018 S 71955 was substituted for the three pre-existing bonds.

United States v. Yucel

97 F. Supp. 3d 413 · District Court, S.D. New York · Feb 2, 2015

In such cases, regardless of whatever ambiguities may exist at the outer edges of the statute, a defendant cannot successfully challenge its vagueness if his own conduct, as alleged, is clearly prohibited by the statute. … Oct. 16, 2009) (noting that “[cjourts have also found that computers that access the Internet through programs such as email qualify as protected computers”). 3 This understanding of “protected computer” derives from the

Local 3599, NYC Dept. of Environmental Protection Technical Professional Employees v. City of New York

District Court, S.D. New York · Mar 6, 2024

Qualified Immunity Defendant Campbell also asserts a qualified immunity defense. Mot. at 17. … While “advancing qualified immunity as grounds for a motion to dismiss is almost always a procedural mismatch,” Chamberlain v.

Dominguez v. Board of Education of the Yonkers City School District

District Court, S.D. New York · May 2, 2025

Sept. 18, 2020) (noting that “courts in this Circuit have established that plaintiffs must plead more than vague or conclusory allegations regarding ‘difficulty’ or ‘trouble’ conducting a major life activity.”; Parada v … Plaintiff still fails to assert any non-vague, non- conclusory statements as to how his immune system issues or atrial fibrillation and hypertension significantly affected his major life activities.

Republic of Italy v. De Angelis

106 F. Supp. 605 · District Court, S.D. New York · Aug 19, 1952

Clearly, DeAngelis was aware, and the papers so establish, that the Italian Government was interested in securing the tallow to meet its requirements. 4 It was not a merchant engaged in a commercial venture seeking a profit … The affiants appear qualified to express opinions as to market values.

Dulles v. Johnson

155 F. Supp. 275 · District Court, S.D. New York · Sep 30, 1957

The Foundation, established by the decedent in 1930 as a trust under New York law, is described by the Indenture of Trust set out in paragraph 284 of the stipulation! … Clearly this is a question of Congressional intent, but there is no indication of what that intent might be.

Albuja v. National Broadcasting Co. Universal

851 F. Supp. 2d 599 · District Court, S.D. New York · Mar 16, 2012

NBCU does not contest that Plaintiffs are members of protected classes and qualified for the positions in question. … This dispute is clearly material because if a finder of fact determines that Albuja’s hours were intentionally reduced for the benefit of his Caucasian peers, Albuja could establish that he suffered an adverse employment

Nweke v. Prudential Insurance Co. of America

25 F. Supp. 2d 203 · District Court, S.D. New York · Oct 29, 1998

Nweke contends that she went back on disability leave because she was unable to concentrate, think clearly, make telephone calls, read, or talk to anyone in the office. … To establish a prima facie claim of wrongful termination under Title VII, Nweke must show that (1) she is a member of a protected class; (2) she was qualified for the employment position; (3) she suffered an adverse employment

Shine v. New York City Housing Authority

District Court, S.D. New York · Sep 18, 2020

loss affecting one or more body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune … speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, and working; and (ii) [t]he operation of a major bodily function, such as the functions of the immune

Bear Stearns & Co., Inc. v. 1109580 Ontario, Inc.

318 F. Supp. 2d 199 · District Court, S.D. New York · May 18, 2004

Baron,” and do not “establish a prima facie case for Claimant, [or] change the burden of proof as to liability.” Id. at 2. … “A legal principle clearly governs the resolution of an issue before the arbitrator if its applicability is ‘obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator

Illescas v. Annucci

District Court, S.D. New York · Dec 7, 2022

“New York has not waived its Eleventh Amendment immunity to suit in federal court, and Congress did not abrogate the states’ immunity in enacting Section 1983.” Al Javier v. … App'x. 191, 192 (2d Cir. 2010) (“It is well-established that New York has not consented to § 1983 suits in federal court, and that § 1983 was not intended to override a state's sovereign immunity.”); see also Will, 491

Segal v. Trans World Airlines, Inc.

63 F. Supp. 2d 373 · District Court, S.D. New York · Sep 1, 1999

A plaintiff establishes a prima facie case by showing (1) that she is a member of a protected class; (2) that she was qualified for the position she held; (3) that there was an adverse employment action taken against her; … Such claims are clearly time-barred under DelCostello v.

Hill v. Rayboy-Brauestein

467 F. Supp. 2d 336 · District Court, S.D. New York · Nov 9, 2006

Plaintiff is a Member of a Protected Class Qualified for Her Position Plaintiff clearly meets the first McDonnell Douglas prong. … Plaintiff has clearly produced enough evidence to meet her minimal burden of showing she was qualified to be a laboratory associate. See de la Cruz v. N.Y. City Human Res. Admin. Dep’t of Soc.

Sowell v. Annucci

District Court, S.D. New York · Jun 26, 2023

“[A]s a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity or unless Congress has abrogate[d] the states’ Eleventh Amendment immunity . . . .” … See Albergottie, 2011 WL 519296, at *8 (a parolee’s arrest for forgery “is more than sufficient to establish reasonable cause for a parole warrant”).

In Re Freudmann

362 F. Supp. 429 · District Court, S.D. New York · Jul 3, 1973

Cash sales are clearly transfers but the existence of any fraudulent intent to put property beyond the reach of creditors is strongly negated by the receipt of cash.” 1 Collier 3.102 [2] (footnotes omitted). … And creditors “at the end of the line” *433 presumably qualify as well as any other creditors. See Moore v. Bay, 284 U.S. 4 , 52 S.Ct. 3 , 76 L.Ed. 133 (1931). We should not elide the difficulty, however.

Fox v. Koplik

499 B.R. 276 · District Court, S.D. New York · Aug 14, 2013

The Policy covers only losses arising from a Qualifying Default, which in turn must derive from a Qualifying Sale. (PL’s Ex. 9, Definitions.) … In order to establish the liability one would have to establish the expense. Q. So why wasn’t it established? A.

Downing v. A&E Television Networks LLC

District Court, S.D. New York · Sep 10, 2021

First, the “qualifying provisions” that the Circuit’s decisions have analyzed in this way have been found in contracts that clearly contemplate that one subset of claims relating to the contract will be sent to arbitration … , while, for another subset of claims, the contract either immunizes the parties against liability or refers disputes to a court or other non-arbitral adjudicator.

Marom v. The City of New York

District Court, S.D. New York · Jul 25, 2019

Qualified Immunity Defendants argue that they are entitled to qualified immunity on all claims. … Because Marom’s claims are dismissed, the Court need only address defendants’ qualified immunity argument with respect to Rocek’s claims.

Krull v. Annucci

District Court, S.D. New York · Jan 5, 2022

was “not contrary to clearly established Federal law as determined by the Supreme Court” in McKune. … Plaintiff could so establish because “plaintiff is a civil detainee whose liberty is being withheld beyond the expiration of his prison sentence.