Case law
Opinions from 1658 to today.
204 results
0.32s
2024 NY Slip Op 34258(U) · New York Supreme Court, New York County · Dec 3, 2024
United States Park Police Officers reviewed Plaintiff’s New York State gun permit and determined that it did not qualify her to carry the firearm in New York City (id. ¶ 6). … under color of any statute, ordinance, regulation, custom, or usage . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities
Cited 0 timesUnpublishedPastor v. August Aichhorn Ctr. for Adolescent Residential Care, Inc.
2024 NY Slip Op 32243(U) · New York Supreme Court, New York County · Jul 2, 2024
Moreover, for a plaintiff to succeed on a claim for discrimination under both the NYSHRL and NYCHRL, a plaintiff must prove that: (1) they are members of a protected class; (2) they are qualified … Although plaintiff clearly failed to establish a prima facie claim of discrimination causing her delay in beginning her employment with the Child Center, defendants put forth a valid, non- discriminatory
Cited 0 timesUnpublished2024 NY Slip Op 24281 · New York Supreme Court, New York County · Nov 1, 2024
CPL § 440.47 sets forth procedural and threshold conditions that these eligible defendants are required to establish. … L. was subjected to was clearly a contributory factor which helped explain E.'s murder. It did not believe this abuse was a significant contributing factor, as the statute requires.
Cited 0 timesPublishedFloyd v. Jewish Bd. of Family & Children's Servs.
2024 NY Slip Op 30802(U) · New York Supreme Court, New York County · Mar 13, 2024
"The burden then shifts to the employer 'to rebut the presumption of discrimination by clearly setting forth, through the introduction of admissible evidence, legitimate, independent, and nondiscriminatory … Construing the evidence in the light most favorable to plaintiff, the Court is satisfied that plaintiffs EBT transcript and affidavit establish she is a member of a protected class; that she was qualified
Cited 0 timesUnpublished2025 NY Slip Op 32018(U) · New York Supreme Court, New York County · Jun 5, 2025
Discussion In the attorney affirmation, plaintiff argues that he has established his prima facie entitlement to summary judgment on the issue of liability. … Instead, he states that VTL § 1104 (a) provides a statutory qualified immunity “preclud[ing] the imposition of liability for otherwise privileged conduct except where the conduct rises to the level
Cited 0 timesUnpublishedLiberty Mobility Link v. Port Auth. of N.Y. & N.J.
2024 NY Slip Op 33583(U) · New York Supreme Court, New York County · Oct 8, 2024
Given that some of Liberty's factual allegations are clearly contradicted by documentary evidence, and that Liberty cannot establish an enforceable right to recovery as pled for the FOIL requests … As established above, the agency's actions in withholding the documents prior to the contract being finalized clearly fell within a stated exception to the Public Officers Law.
Cited 0 timesUnpublished2025 NY Slip Op 33323(U) · New York Supreme Court, New York County · Sep 16, 2025
Morales,2O NY3d at249.The legislature incorporated a "general definition ofthe crime," and ret-erenced "seven notorious acts of terrorism that serve as guideposts for determining whether a future incident qualifies … "The statute cannot be interpreted so broadly so as to cover individuals or groups who are not normally viewed as 'terrorists. "' 1d The Court further stated that the legislature clearly did not intend to
Cited 0 timesUnpublishedNew York State Unified Court System v. New York State Public Employment Relations Board
2024 NY Slip Op 31928(U) · New York Supreme Court, New York County · Jun 4, 2024
PERB noted that no party objected to petitioner’s ability to establish the policies without engaging in any bargaining (id. at 7). … Petitioner admits that on February 15, 2023, it rescinded these policies based on high levels of immunity for COVID-19 in the general population.
Cited 1 timesUnpublishedNew York State Unified Ct. Sys. v. New York State Pub, Employment Relations Bd.
2024 NY Slip Op 31928(U) · New York Supreme Court, New York County · Jun 4, 2024
PERB noted that no party objected to petitioner’s ability to establish the policies without engaging in any bargaining (id. at 7). … Petitioner admits that on February 15, 2023, it rescinded these policies based on high levels of immunity for COVID-19 in the general population.
Cited 1 timesUnpublishedEspinosa v. Cape Church Assoc., LLC
2026 NY Slip Op 30733(U) · New York Supreme Court, New York County · Mar 2, 2026
As such, Consigli does not qualify as an additional insured under the American Empire policy, and the duty to defend and indemnify has not been triggered … A party is entitled to full contractual indemnification where: (1) the intent to indemnify is clearly implied from the language and purpose of the agreement and the surrounding facts and circumstances
Cited 0 timesUnpublishedCountry-Wide Ins. Co. v. JAM Pharm. Corp.
2024 NY Slip Op 30940(U) · New York Supreme Court, New York County · Mar 20, 2024
Marlon did not qualify as an eligible injured person entitled to receive no-fault benefits. Petitioner alleges that Mr. … four grounds for vacating an arbitration award, including that the arbitrator exceeded his power, which “occurs only where the arbitrator's award violates a strong public policy, is irrational or clearly
Cited 0 timesUnpublished2024 NY Slip Op 30471(U) · New York Supreme Court, New York County · Feb 13, 2024
, as established in Akinde v. … Relying on the legal precedent established in Desarrolladora Farallon S. de L. de C.V. v.
Cited 0 timesUnpublished2024 NY Slip Op 34232(U) · New York Supreme Court, New York County · Nov 26, 2024
Defendants do not contest that plaintiff is part of a protected class or that he was qualified for the job. … He states that, at minimum, he has alleged a borderline case, with allegations that are not clearly pervasive and severe or petty and trivial.
Cited 1 timesUnpublishedMatter of Cerick v. New York City Dept. of Bldgs.
2024 NY Slip Op 32569(U) · New York Supreme Court, New York County · Jul 26, 2024
As “[t]he policy is clearly intended for broad application [. . .] … Were the court to apply the general toll on legal filing deadlines established by Governor Andrew Cuomo on March 20, 2020 (see Exec.
Cited 0 timesUnpublishedPierluissi v. City of New York
2025 NY Slip Op 50873(U) · New York Supreme Court, New York County · Mar 26, 2025
Plaintiff has also sufficiently alleged that he is qualified for the promotions that he claims he was denied due to his race. … elements of a retaliation cause of action, plaintiff alleges that he filed complaints about the allegedly discriminatory conduct in November 2019, May 2021, and December 2021, and that defendants Maric and Fills stated clearly
Cited 0 timesUnpublishedBig Mozz, Inc. v. Bric Arts Media Bklyn, Inc.
2024 NY Slip Op 32961(U) · New York Supreme Court, New York County · Aug 20, 2024
“[T]he party challenging disclosure bears the burden of establishing that the information sought is immune from disclosure” (Ambac Assurance Corp. v DLJ Mortg. … An application for civil contempt requires proof that “a lawful order of the court, clearly expressing an unequivocal mandate, was in effect” (El-Dehdan v El-Dehdan, 26 NY3d 19, 29 [2015]).
Cited 0 timesUnpublishedKwai Hwa Yang v. Governor's Off. of Storm Recovery
2024 NY Slip Op 31349(U) · New York Supreme Court, New York County · Apr 17, 2024
Discussion “It is a long-standing, well-established standard that the judicial review of an administrative determination is limited to whether such determination was arbitrary or capricious … So, in 2016, respondents clearly believed that the property had been damaged by Superstorm Sandy and generated estimates for the needed repairs.
Cited 0 timesUnpublishedKonate v. New York City Police Dept.
2025 NY Slip Op 31718(U) · New York Supreme Court, New York County · May 12, 2025
Defendants partially oppose only to the extent those defenses implicate disputed facts; they concede no non-negligent basis for the collision and make no contention that Balsdon’s vehicle qualified … DISCUSSION A movant meets its initial burden by establishing a prima facie entitlement to judgment as a matter of law, “eliminating any material issues of fact” (Friends of Animals v.
Cited 0 timesUnpublished2024 NY Slip Op 33175(U) · New York Supreme Court, New York County · Sep 6, 2024
Thus, although Defendants met their initial burden of establishing their prima facie case, the affidavit of Plaintiff’s expert established the requisite nexus between the malpractice allegedly committed … The Plaintiffs’ expert’s affirmation clearly states, among other things, that he/she “was in practice at Indiana University Health/Methodist Hospital, where [he/she] was actively involved in heart
Cited 0 timesUnpublished2026 NY Slip Op 30958(U) · New York Supreme Court, New York County · Mar 13, 2026
The parties agree that the group home operated by defendant does not qualify as a nursing home. … Indeed, section 2801-d(2) awards compensation to plaintiffs for violations of the statute based in part on the daily per-patient rate established in section 2807, which
Cited 0 timesUnpublished
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