Case law

Korn v. Merrill

403 F. Supp. 377 · District Court, S.D. New York · Oct 31, 1975

Under the six-year New York statute of limitations, 4 however, the action would clearly not be barred. … It is clear that a foreign corporation, even if qualified to do business in New York, is a nonresident for purposes of C.P.L.R. § 202. American Lumbermens Hut. Cas. Co. of Ill. v.

King v. Time Warner Cable

113 F. Supp. 3d 718 · District Court, S.D. New York · Jul 7, 2015

ATDS Includes TWC's IVR TWC argues that its IVR system does not qualify as an ATDS because it did not generate numbers to dial at random or in sequence. … However, a Plaintiff need not demonstrate monetary loss to' establish Article III standing.

McDaniel v. The City of New York

District Court, S.D. New York · May 21, 2020

This rule has been extended to claims of abuse of process under § 1983 that “clearly implicate[] the validity of [the plaintiff’s] conviction.” See Zarro v. Spitzer, 274 F. … from suit for such claims under the doctrine of prosecutorial immunity, and those claims are frivolous.

Flowers v. Hartford Life and Accident Insurance Company

District Court, S.D. New York · Aug 31, 2023

App’x at 800 (“Ingravallo bore the burden of establishing, through objective medical evidence, her continued inability to work.” (emphasis added)); Fitzpatrick v. … The undisputed facts show that she is qualified.

Bonsell v. Muldowney

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

Prosecutors possess discretionary authority to bring criminal actions, and they are “immune from control or interference by citizen or court.” Conn. Action Now, Inc. v. … Feb. 26, 2019) (noting that “[p]rivate social workers and counselors . . . typically do not qualify as state actors under § 1983,” and finding that social worker “appointed by the court to represent the interests of Plaintiff

Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. Abrams

697 F. Supp. 726 · District Court, S.D. New York · Oct 28, 1988

As discussed, under Magnuson-Moss, a manufacturer is not allowed to incorporate a non-qualifying dispute resolution mechanism into the terms of its written warranty. … However, while in Hillsborough the F.D.A. was found not to have expressed clearly any intention that its regulations be exclusive, we have found here that the F.T.C. did make clear its intention to exercise exclusive regulatory

Dreien Opportunity Partners, LLC v. Avison Young - New York, LLC

District Court, S.D. New York · Sep 30, 2019

Avison Young argues that Dreien’s tort claims must be dismissed because Dreien cannot establish causation. (See Dkt. No. 38 at 15–19.) … None of the cases cited by Avison Young suggest that Ware’s signature immunizes Avison Young for its alleged failure to advise Dreien properly about matters like industry custom.

Brandenburg v. Greek Orthodox Archdiocese of North America

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

These statements to the police clearly fall within the qualified privilege for communications with law enforcement. … Supp. 3d at 576 (rejecting the argument that malice can be established only by ill will or spite because “either common law or constitutional malice can defeat the defense of qualified privilege in New York”).

McCoy v. Goldberg

883 F. Supp. 927 · District Court, S.D. New York · Mar 31, 1995

These explicit disclosures clearly “bespeak caution.” See Luce v. … The optimism of these statements is clearly qualified by the disclosures in the Prospectuses. 9 .

Davis v. City of New York

959 F. Supp. 2d 324 · District Court, S.D. New York · Mar 28, 2013

established. … Village of Mamaroneck, 465 F.3d 96, 109 (2d Cir.2006) ("Municipalities are not entitled to qualified immunity for their actions, even where the individual officers who acted on the municipality's behalf would be.”), overruled

Taylor v. City of New York(Department of Sanitation)

District Court, S.D. New York · Mar 31, 2023

Defendants are not entitled to summary judgment on Taylor’s claim of race discrimination because Taylor clearly establishes a prima facie case of race discrimination and there is a genuine dispute of fact whether Defendants … As explained below, Taylor clearly establishes a prima facie case of race discrimination.

Almonte v. Karth

District Court, S.D. New York · Sep 7, 2021

I (“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”). … Curcione, 657 F.3d 116, 123-24 (2d Cir. 4 These defendants are also in all likelihood immune from suit. See, e.g., Mireles v.

In Re Nortel Networks Corp. Securities Litigation

238 F. Supp. 2d 613 · District Court, S.D. New York · Jan 3, 2003

Nov.19, 1999) (“Linking future success to present and past performance does not render statements immune from liability.”). 3. … Mem. at 9 (“Moreover, the guidance provided by Nortel to the investing public, as well as the expressions of opinion ... were all qualified with plentiful cautionary language.”).

John M. v. Stone

72 F. Supp. 2d 316 · District Court, S.D. New York · Oct 25, 1999

Lucas found that petitioner’s reality testing was clearly intact, and petitioner was not suffering from delusions or hallucinations. Dr. … The federal court must defer to the state court’s decision provided it “does not constitute an ‘unreasonable application’ of clearly established federal law.” Rodriguez v.

GMAC Commercial Credit, LLC v. Dillard Department Stores, Inc.

198 F.R.D. 402 · District Court, S.D. New York · Jan 17, 2001

Defendant asserts that it does not maintain an office, place of business, telephone listing, or employees in New York and is not qualified to do business in New York. … Given that venue in Arkansas was clearly expressed in the forum selection clause, dismissal of this case is warranted. See Seward v.

Amari J. Moody v. Northwell Health, Inc.; Lenox Hill Hospital; Concorde Medical Group, PLLC; John Does 1–10

District Court, S.D. New York · Aug 5, 2026

The 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 … To establish diversity jurisdiction, a plaintiff must first allege that he and the defendants are citizens of different states. See § 1332(a)(1); Wis. Dep’t of Corr. v. Schacht, 524 U.S. 381, 388 (1998).

Reynolds v. New York State Department of Correctional Services

568 F. Supp. 747 · District Court, S.D. New York · Aug 19, 1983

at 29,221 (E.D.Mich.1982) (“It is consistent with common sense, fairness and the state of the law to say that a blanket exclusion of women, in order to protect them from the rigors and difficulty of the prison system, is clearly … The Department of Civil Service is on record that they will honor requests from Correctional Services to establish all preferred lists and open competitive eligible lists for Correction Officers without regard to sex.

American Freedom Defense Initiative v. Metropolitan Transportation Authority

70 F. Supp. 3d 572 · District Court, S.D. New York · Apr 20, 2015

The advertisement qualifies as protected speech, and the defendants have restricted it based on its content without a compelling interest or a response narrowly tailored to achieving any such interest. … To obtain a preliminary injunction, the plaintiffs “must establish that [they are] likely to succeed on the merits, that [they are] likely to suffer irreparable harm in the absence of preliminary relief, that the balance

Zwack v. Kraus Bros. & Co.

133 F. Supp. 929 · District Court, S.D. New York · Jul 29, 1955

I am well aware that the immunity from judicial review upon which the defendant so strenuously relies in this case and which has been often referred to as the “Rule of Decision” principle or “Act of State” doctrine, pursuant … In conclusion, it is my opinion that defendant’s Exhibits R, S, U, FF, GG, HH and II clearly reflect a state of fear on the part of Bela and Dora Zwack and cannot, therefore, possess testimonial value.

United States v. Pena Ontiveros

547 F. Supp. 2d 323 · District Court, S.D. New York · Apr 18, 2008

Here, the evidence establishes that defendants were overnight guests in the residence. … There was clearly no shortage of agents who could have transported defendants to court, a mere 20 minutes away, for presentment. (Tr. at 133.)