Case law

Wilmington Trust, National Association, as Trustee for the Registered Holders of Banc of America Merrill Lynch Commercial Mortgage Inc., Multifamily Mortgage Pass-Through Certificates, Series 2021-KF116 v. Kingsbridge Realty Associates LLC, Kingsbridge Realty II LLC, Olinville Realty LLC, Olinville Realty II LLC, Underhill Realty LLC, Joel Wiener, and “John Doe” Nos. 1-25

District Court, S.D. New York · Jun 4, 2026

submissions to the Court or in correspondence between the Parties, the Producing Party shall affix the legend reflecting the appropriate designation to each page so designated and/or clearly … The Designating Party bears the burden of establishing the privileged nature of any inadvertently produced information or material.

Carroll v. Associated Musicians of Greater New York

206 F. Supp. 462 · District Court, S.D. New York · Jun 25, 1962

The strength of the faction antagonistic to the plaintiff is immaterial; its existence indicates that the identity of interest that would qualify plaintiff to represent the members of Local 12 is lacking. Giordano v. … The contention of plaintiffs Carroll and Peterson that they are employers of their sidemen is clearly supported by the evidence (see Findings of Fact Nos. 16-21).

Doherty v. Bice

District Court, S.D. New York · Dec 1, 2021

But in Point I, Plaintiff expressly notes that the Magistrate Judge “correctly held that [his] mental health records were not necessary for [him] to establish his disability.” (Id. at 5.) … To establish a claim under Title II of the ADA, “a plaintiff must demonstrate (1) that [he or she] is a qualified individual with a disability; (2) that [he or she] was excluded from participation in a public entity’s services

Reyes

District Court, S.D. New York · Sep 23, 2025

to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, 27 Haines v. … ‘Inmates clearly retain protections afforded by the First Amendment, including its directive that no law shall prohibit the free exercise of religion.’

Gonzalez v. Gray

69 F. Supp. 2d 561 · District Court, S.D. New York · Oct 21, 1999

Nevertheless, it is clearly distinguishable and falls well within the parameters of the cases cited above in which § 74 was determined to apply. … To qualify for the protections of § 74, the report must also be fair and true.

A.V.E.L.A., INC. v. Estate of Marilyn Monroe, LLC

131 F. Supp. 3d 196 · District Court, S.D. New York · Sep 18, 2015

As an initial matter, the First Amended Counterclaim clearly delineates Count I as a claim, arising under 15 U.S.C. § 1125 (a), rather than New York’s right of publicity. (FAC ¶¶ 52-60). … International further asserts that the dilution claim fails because the MONROE Marks are not sufficiently famous to qualify for protection. ■ (VI Br. 14).

Q-Co Industries, Inc. v. Hoffman

625 F. Supp. 608 · District Court, S.D. New York · Dec 24, 1985

The Programs Both parties called individuals qualified as computer experts to testify about their examinations of the VPS-500 and the CPC-1 1000 programs. … Therefore, copyright infringement has not been established.

United States v. Whalen

337 F. Supp. 1012 · District Court, S.D. New York · Jan 21, 1972

A later administrative ruling, Rev.Rul. 57-227, emphasized that an Internal Revenue Service inspector must witness the deactivation process in order for the weapon to qualify as a Dewat. … Those amendments clearly apply only to transfers occurring after their effective date.

Otero v. New York City Housing Authority

344 F. Supp. 737 · District Court, S.D. New York · May 23, 1972

It appears that there were 1852 families qualifying as “site residents” when the urban renewal project began. … And it is forbidden by the Establishment of Religion Clause of the First Amendment as applied to the States through the Fourteenth.

Stratagem Development Corp. v. Heron International N.V.

153 F.R.D. 535 · District Court, S.D. New York · Feb 28, 1994

In light of this standard, the Court will not overturn the January 6th Opinion unless it is clearly erroneous or contrary to law. 1. … The memorandum clearly reflects legal advice rendered in connection with the termination of the Phase II Joint Venture Agreement.

United States v. Ianniello

646 F. Supp. 1289 · District Court, S.D. New York · Sep 30, 1986

Clearly this calculation goes to the heart of the matter. … On the present record, I conclude that the Government has established a likelihood of success on the merits.

Bellido-Sullivan v. American International Group, Inc.

123 F. Supp. 2d 161 · District Court, S.D. New York · Nov 21, 2000

Although there is very little case law in the Second Circuit regarding the FMLA and there appears to be no court in this circuit which has addressed the question of removal based on the FMLA, the language of the Act clearly … To make out a claim under the FMLA, Sullivan would need to demonstrate, among other things, that she worked the requisite number of hours during the previous twelve month period, see 29 U.S.C. § 261 1(2)(A)(ii), that AIG qualified

Tiffany (NJ) Inc. v. eBay, Inc.

576 F. Supp. 2d 463 · District Court, S.D. New York · Jul 14, 2008

This deficiency is significant, since the law clearly protects such secondary markets in authentic goods. See Polymer Tech. Corp. v. … Analysis In the case at hand, eBay clearly falls on the “service” side of the produet/service distinction.

United States v. Gonzalez

111 F. Supp. 3d 416 · District Court, S.D. New York · May 22, 2015

Facts Established Excluding the uncorroborated testimony of Officer Rios, the remaining evidence presented at the hearing established the following: On July 2, 2014, an unidentified man called 911 and reported that he had … The initial stop therefore qualified as an investigative stop, not an arrest. 9 *428 2.

Beeler v. United States

894 F. Supp. 761 · District Court, S.D. New York · Aug 18, 1995

In 1977, Beeler and Ross incorporated Equidyne Corporation (“Equidyne”) for the purposes of engaging in syndicated offerings to qualified investors. … These facts clearly demonstrated the element of willfulness. 22.

PICCOLI A/S v. Calvin Klein Jeanswear Co.

19 F. Supp. 2d 157 · District Court, S.D. New York · Sep 8, 1998

evidences an intent to permit enforcement by the third party.” 28 Piccoli manifestly does not qualify as an intended third-party beneficiary under the first prong of the test. … Piceoli’s allegations clearly are insufficient to establish Azteca’s direct liability for unfair competition.

Pineiro v. Pension Benefit Guaranty Corp.

318 F. Supp. 2d 67 · District Court, S.D. New York · Aug 26, 2003

Second, the legislative history establishes that PBGC is to manage pooled assets as trustee. … These are records that clearly concern the Plan, and would be subject to § 704’s disclosure requirement.

In re IMAX Securities Litigation

272 F.R.D. 138 · District Court, S.D. New York · Dec 22, 2010

Fourth, Snow Capital argues that a plaintiff need not establish loss causation on a *152 motion to certify a class, and that it is sufficient for plaintiffs to establish that loss causation can be shown on a class-wide basis … Clearly, the claims in this case all involve alleged fraud relating to IMAX’s recognition of theater system revenue, and thus there is a common thread throughout the allegations in the Complaint.

Interstate Properties v. Pyramid Co. of Utica

581 F. Supp. 982 · District Court, S.D. New York · Feb 23, 1984

It is one of various partnerships spun off from the Pyramid Company, which was established in 1969 or 1970 by Congel and two other partners to develop shopping centers. … Pyramid was given authority to make all decisions concerning financing or refinancing of the new mall, JVA 8.1.1, but this authority was qualified by JVA 8.1.2(a).

Emanuele v. Town of Greenville

143 F. Supp. 2d 325 · District Court, S.D. New York · May 8, 2001

The question of who qualifies as a final policymaker is one of state law. See City of St. Louis v. Praprotnik, 485 U.S. 112, 123 , 108 S.Ct. 915 , 99 L.Ed.2d 107 (1988) (citing Pembaur v. … Clearly McDonald fired me on the radio because I was the co-chair of the Democratic Committee and I publicly expressed my refusal to endorse him for re-election." (L. Emanuele Aff. at ¶ 9.) (emphasis added).