Case law

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  • Lloyd v. Comm'r of Soc. Sec.

    335 F. Supp. 3d 472 · District Court, W.D. New York · Sep 27, 2018

    Plaintiff specifically stated that she had not personally installed the floor boards. ( Id. ). … Feb. 28, 2017) ("inconsistencies between a plaintiff's daily living and a treating physician's opinion ... should not be sufficient, by themselves, to discredit a treating physician's opinion"); Brown v.

    Cited 9 timesPublished
  • Morton v. Cnty. of Erie

    335 F. Supp. 3d 449 · District Court, W.D. New York · Sep 26, 2018

    Langton v. … In McDarby v.

    Cited 13 timesPublished
  • Vincent v. Local 25, National Ass'n of Broadcast Employees & Technicians

    321 F. Supp. 1250 · District Court, W.D. New York · Jan 12, 1971

    In support of its petition, the Board relies strongly on National Labor Relations Board v. Associated Musicians, 226 F.2d 900 (2d Cir. 1955). … See Local 761, International Union of Electrical, Radio & Machine Workers, AFL-CIO v. National Labor Relations Board, 366 U.S. 667 , 81 S.Ct. 1285 , 6 L.Ed.2d 592 (1961).

    Cited 1 timesPublished
  • Lawrence v. Smith

    451 F. Supp. 179 · District Court, W.D. New York · May 3, 1978

    Bey v. Connecticut State Board of Parole, supra, at 1086. Beginning with United States ex rel. Johnson v. … See Billiteri v. United States Board of Parole, 541 F.2d 938, 944 (2d Cir. 1976); Clay v. Henderson, 524 F.2d 921, 924 (5th Cir. 1975); Washington v.

    Cited 7 timesPublished
  • Abdur-Raqiyb v. ERIE COUNTY MEDICAL CENTER

    536 F. Supp. 2d 299 · District Court, W.D. New York · Feb 21, 2008

    Simms v. Village of Albion, 115 F.3d 1098, 1106 (2d Cir.1997); accord Brown v. City of Oneonta, 106 F.3d 1125, 1130-31 (2d Cir.1997). … Board of Educ. of Rochester City School Dist., 273 F.Supp.2d 292, 326 (W.D.N.Y.2003), aff'd, 106 Fed.Appx. 746 (2d Cir.2004).

    Cited 2 timesPublished
  • Spring v. Allegany-Limestone Central School District

    138 F. Supp. 3d 282 · District Court, W.D. New York · Sep 30, 2015

    District and School Board, cannot lie. … See Wahad v. F.B.I., 994 F.Supp. 237, 239 (S.D.N.Y.1998) (citing Brown v. State of New York, 89 N.Y.2d 172, 187-89 , 652 N.Y.S.2d 223 ; 674 N.E.2d 1129 (1996)).

    Vacated in part, on other grounds by Spring v. Allegany-Limestone Central School District, 655 F. App'x 25 (2016)Cited 13 timesPublished
  • States v. Schine Chain Theatres, Inc.

    2 F.R.D. 425 · District Court, W.D. New York · Feb 5, 1942

    These are: Sonken-Galamba Corp. v. Atchison, T. & S. F. Ry. Co., D.C., 30 F.Supp. 936 ; United States v. Aluminum Co. of America, D.C., 26 F.Supp. 711 ; and Beler v. Savarona Ship Corp., D.C., 26 F.Supp. 599 . … The plaintiff cites Brown v. United States, 276 U.S. 134 , 48 S.Ct. 288, 290 , 72 L.Ed. 500 , in support of its position that the papers are “designated” with the requisite particularity.

    Cited 10 timesPublished
  • Rychlik v. Brotherhood of Railroad Trainmen

    128 F. Supp. 449 · District Court, W.D. New York · Feb 23, 1955

    That courts have reviewed proceedings before the System Board of Adjustment is well established. Edwards v. Capital Airlines, 84 U.S.App.D.C. 346 , 176 F.2d 755 ; Nichols v. … In Bower v.

    Cited 5 timesPublished
  • United States v. Bordonaro

    253 F. 477 · District Court, W.D. New York · Oct 15, 1918

    Under the act, the Preside,nt was specifically authorized to establish and create exemption boards, such boards to be appointed by him and to consist of three or more members, the boards to- have power to determine questions … United States v. Ingham (D. C.) 97 Fed. 935 . See, also, United States v. Haas (C. C.) 163 Fed. 908 .

    Cited 3 timesPublished
  • Markham v. Gray

    393 F. Supp. 163 · District Court, W.D. New York · May 1, 1975

    Riggall v. Washington Medical Society, 249 F.2d 266 (8th Cir. 1957). … Anderson, would pass constitutional standards of due process set forth in International Shoe Co. v. Washington, 326 U.S. 310 , 66 S.Ct. 154 , 90 L.Ed. 95 (1945); and Hanson v.

    Cited 13 timesPublished
  • Sharpsburg Sand Co. v. Monongahela River Consol. Coal & Coke Co.

    145 F. 424 · District Court, W.D. New York · May 1, 1906

    Landing on the Ohio river near McKee’s Rocks, a little below the city of Pittsburg, where they were being unloaded; the sand having been sold to William Petty, the owner of the landing, by whom it was being removed and put on board … Neel v. Blythe (D. C.) 42 Fed. 457 . McCauley v. Logan, 152 Pa. 202 , 25 Atl. 499 . The standard-is that of the man of average foresight and prudence; Titus v. Railroad, 136 Pa. 618 , 20 Atl. 517 , 20 Am. St. Rep. 944 .

    Cited 1 timesPublished
  • Vincent v. Local Union No. 532

    319 F. Supp. 1146 · District Court, W.D. New York · Nov 25, 1970

    the Board in 1969 after a new Joint Board was established. … McLeod v. Local 25, International Brotherhood of Electrical Workers, 344 F.2d 634, 638 (2d Cir. 1965).

    Cited 2 timesPublished
  • United States v. Glenn

    288 F. Supp. 2d 346 · District Court, W.D. New York · Jul 2, 2003

    In United States v. … Inc. v.

    Cited 0 timesPublished
  • Payless Shoesource, Inc. v. Town of Penfield, NY

    934 F. Supp. 540 · District Court, W.D. New York · Aug 26, 1996

    Oct. 25, 1990) and Calpalbo v. Planning and Zoning Board of Appeals, Greenwich, No. 23 20 60 (Conn.Super.Ct. July 17, 1987). In Motel 6 Operating L.P. v. City of South Lake Tahoe, No. Civ-S-90-0527 (E.D.Cal. … I find that the more persuasive and correct reasoning is contained in Calpalbo v. Planning and Zoning Board of Appeals, No. 23 20 60 (Conn.Super.Ct. July 17, 1987).

    Cited 5 timesPublished
  • Bliss v. Rochester City School District

    196 F. Supp. 2d 314 · District Court, W.D. New York · Mar 28, 2002

    They include past or present RCSD employees and past or present members of its board. … With respect to the Board of Education and its individual numbers, “[i]t is beyond dispute that there is no cause of action for damages under 42 U.S.C. § 1983 for damages against a school board or its members in their official

    Cited 19 timesPublished
  • Monovis, Inc. v. Aquino

    905 F. Supp. 1205 · District Court, W.D. New York · Mar 21, 1994

    See, e.g., Syntex Ophthalmics, Inc. v. … See, e.g., FMC Corp. v.

    Cited 18 timesPublished
  • Lee v. Nyquist

    318 F. Supp. 710 · District Court, W.D. New York · Oct 1, 1970

    See Adler v. Board of Education, 342 U.S. 485, 503 , 72 S.Ct. 380 , 96 L.Ed. 517 (1952) (dissenting opinion of Frankfurter, J.). Cf. Barrows v. Jackson, 346 U.S. 249 , 73 S.Ct. 1031 , 97 L.Ed. 1586 (1953). … Board of Education, 250 *717 F.Supp. 1000 (E.D.N.Y.1966), appeal dismissed, 367 F.2d 565 (2d Cir. 1966) (Malverne); Board of Education, etc. v. Allen, 32 A.D.2d 985 , 301 N.Y.S.2d 764 (3d Dep’t 1969) (Mt. Vernon).

    Cited 52 timesPublished
  • Storonsky v. National Railroad Passenger Corporation

    District Court, W.D. New York · Jun 8, 2023

    hallway back up one level to the boarding platform. … Nevertheless, CSR Brown did not make any effort to direct Storonsky to the elevator on the other side of the lower level hallway by which she could ascend to the boarding platform. Pl. Resp. to Def.

    Cited 0 timesUnknown
  • Dixon v. Conway

    613 F. Supp. 2d 330 · District Court, W.D. New York · May 5, 2009

    Ross v. … See Baldwin County Welcome Center v. Brown, 466 U.S. 147, 151 , 104 S.Ct. 1723 , 80 L.Ed.2d 196 (1984) (“One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence.”); Johnson v.

    Cited 2 timesPublished
  • Swartz v. South Buffalo Ry. Co.

    44 F. Supp. 447 · District Court, W.D. New York · Apr 18, 1942

    Brand v. Pennsylvania R. Co., D.C., 22 F.Supp. 569 , and Hudson & Manhattan Ry. Co. v. Hardy, D.C., 22 F.Supp. 105 , cited by the plaintiff, are neither of them in point. … case was a suit to enjoin the enforcement of an order'of a National Mediation Board against a railroad claiming not to be within the jurisdiction of that Board under the Railway Labor Act.

    Cited 4 timesPublished

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