Case law

Meeropol v. Nizer

381 F. Supp. 29 · District Court, S.D. New York · Jul 31, 1974

The record as a whole, thus, establishes that there was no knowledge of falsity . … In response, the New York legislature enacted sections 50 and 51 of the Civil Rights Law. 7 *37 In their oft-quoted article, Warren and Brandéis recognized that certain clearly defined limitations to the right existed.

Sun v. Saslovsky, Esq.

District Court, S.D. New York · Aug 6, 2020

Mar. 21, 2013) (“Defendants, Plaintiff’s privately retained former attorney and that attorney’s lawfirm, are clearly not stateactors.”) (citing Polk Cnty. v. … I have established a PACER account; 3.

In Re Grand Jury Subpoena Dated August 9, 2000

218 F. Supp. 2d 544 · District Court, S.D. New York · Sep 6, 2002

The privilege for military matters is “well established” but is “not to be lightly invoked.” Reynolds, 345 U.S. at 7 , 73 S.Ct. 528 . … Nixon announced a qualified privilege for presidential communications “severely undercuts the argument” for a stronger government attorney-client privilege).

Kramer v. Marine Midland Bank

559 F. Supp. 273 · District Court, S.D. New York · Mar 1, 1983

Z 226.6(c) 7 has been established. … Z 226.-6(a) that disclosures generally “be made clearly, conspicuously, [and] in meaningful sequence...” We hold that plaintiff has failed to establish the charged violation.

Calderon

District Court, S.D. New York · Apr 6, 2026

The Court must dismiss an IFP complaint, or portion thereof, 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 … ‘should be construed liberally’ to afford people with disabilities ‘equal access’ to the wide variety of establishments available to the nondisabled.” PGA Tour, Inc. v.

Levin v. 650 Fifth Avenue Company

District Court, S.D. New York · Jun 5, 2023

Instead, to resolve a facial Rule 12(b)(1) motion, a district court must “determine whether [the complaint and its exhibits] allege[] facts that” establish subject matter jurisdiction … TRIA Section 201(a) “clearly differentiates between the party that is the subject of the underlying judgment itself, which can be any terrorist party (here, Iran), and parties whose

Krandle v. Refuah Health Center, Inc.

District Court, S.D. New York · Mar 28, 2023

employee” and is entitled to a federal forum to determine the availability of a federal immunity defense. (Id. at ¶ 4.) … Finally, Plaintiffs argue that RHC cannot establish that it was “acting under” a federal officer. (Krandle Mem. 7–8; Esposito Mem. 7.)

Pereira v. Cogan

281 B.R. 194 · District Court, S.D. New York · Jul 17, 2002

Id. • “In my opinion, [Trace’s General Counsel Philip Smith] was clearly wrong.” … Advisory Committee Notes to Rule 702—2000 Amendments ("[T]he text of Rule 702 expressly contemplates that an expert may be qualified on the basis of experience.

Javier v. Russo

District Court, S.D. New York · Aug 28, 2023

“TA]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 abrogated the states’ Eleventh Amendment immunity.” … 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. Trotman v.

Sapienza v. Shalala

894 F. Supp. 728 · District Court, S.D. New York · Aug 14, 1995

established that Sapienza could perform sedentary work. … This testimony must establish that jobs exist in the national economy which the claimant can obtain and perform. Id.

Lindsey v. Butler

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

On August 29, 2014, the Court denied Defendants’ motion to dismiss his Fourth Amendment claim on the basis of qualified immunity.5 Doc. 50. … immunity—which the Court denied.

Harris v. Sowell

District Court, S.D. New York · Mar 20, 2020

Following is a summary of the allegations in the complaint, which are not presented clearly or chronologically. … To establish a false arrest claim under New York law, a plaintiff must show that: “(1) the defendant intended to confine [the plaintiff], (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent

Golden v. Garafalo

521 F. Supp. 350 · District Court, S.D. New York · Aug 31, 1981

The Supreme Court reversed, holding that “[w]ell-settled principles enunciated by this Court establish that the shares purchased by respondents do not represent any of the ‘countless and variable schemes devised by those … This would clearly be the case when the underlying transaction embodies some of the significant characteristics typically associated with the named instrument.” Id. at 850-51 , 95 S.Ct. at 2059 - 60.

Metropolitan Air Service, Inc. v. Penberthy Aircraft Leasing Co.

648 F. Supp. 1153 · District Court, S.D. New York · Oct 17, 1986

A review of the New York cases indicates that the contacts defendants Pal-co and Lumber have had with New York are insufficient to establish the jurisdiction of this Court. … The Court is also mindful of the Fourth Department’s attempt to qualify this per se rule. See Alan Lupton Associates, Inc. v.

United States v. Sangemino

401 F. Supp. 903 · District Court, S.D. New York · Sep 25, 1975

Specifically, defense counsel failed to qualify Mrs. … Defense counsel attempted to elicit responses that would qualify Mrs.

Daly v. Westchester County Board of Legislators

District Court, S.D. New York · Aug 1, 2023

Westchester County’s receipt of federal funds therefore does not waive the BOL’s immunity from suit. … The Court holds that Plaintiff has failed to establish that the BOL received federal financial assistance from 2014 through 2018 and thus Plaintiff has not shown that the BOL has waived immunity under § 504 of the

New York Ex Rel. Vacco v. Mid Hudson Medical Group, P.C.

877 F. Supp. 143 · District Court, S.D. New York · Feb 6, 1995

New York’s parens patriae standing has also been upheld when New York clearly declared its interest in nondiseriminatory treatment of its citizens generally as well as particular individuals excluded from a beach club because … “It is unquestionable that a state, in its parens patriae capacity, does qualify as ‘personally ... suffer[ing] some actual or threatened injury,’ Valley Forge Christian College v.

Allen Bradley Co. v. Local Union No. 3, International Brotherhood of Electrical Workers

41 F. Supp. 727 · District Court, S.D. New York · Sep 30, 1941

The evidence clearly establishes that the insistence by the union that completely wired lighting fixtures should not be installed on any building within the jurisdiction of the union but that all such fixtures should be delivered … imply that when the union combines with other parties it forfeits the immunity which it would otherwise possess.

Allstate Insurance Company v. Administratia Asigurarilor De Stat

962 F. Supp. 420 · District Court, S.D. New York · Apr 28, 1997

In the case at bar, this Court finds that ADAS has not established that the act of state doctrine renders ADAS immune from suit in an American court. … For example, it asserts that “[p]ursuant to Romanian Law No. 31, of January 30, 1954, regarding the status of juridical persons, ADAS clearly lacks capacity to sue or standing to be sued after the effective date of its dissolution

Ulloa v. Universal Music and Video Distribution Corp.

303 F. Supp. 2d 409 · District Court, S.D. New York · Jan 14, 2004

Thus, this case is clearly distinguishable from other situations where courts have typically found an implied license. … Such notice would clearly terminate any license, entitling Plaintiff to damages for Defendants’ use of the Vocal Phrase after that date. B.