MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. The plaintiff, Nathaniel C. Harris ("Harris" or "the Plaintiff") commenced this action against the Town of Islip Housing Authority ("Housing Authority"), Richard Albanese as an employee of the Town of Islip Housing Authority ("Albanese" and together with the Housing Authority the "Town Defendants"), the Suffolk County Police Department ("the County"), the Department of Housing and Urban Development ("HUD") and Miguel Collazo as a Special...
ORDER FEUERSTEIN, District Judge. On November 16, 2010, plaintiff Allstate Insurance Company and related entities ("plaintiff" or "Allstate") commenced this action against Charles Leo Cooper M.D. ("defendant" or "Cooper"), inter alia, claiming that defendant violated 18 U.S.C. 1962 ("section 1962") and New York General Business Law 349, inter alia, by conspiring with co-defendant Arthur Bogoraz ("Bogoraz") and defrauding plaintiff On March 22, 2011, defendant moved to dismiss the...
MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. Gordon C. Newsome ("Newsome" or "the Plaintiff) commenced this action pursuant to the Social Security Act ("the Act"), 42 U.S.C. 405(g), challenging a final determination by Michael J. Astrue, the Commissioner of Social Security ("the Commissioner") that he was ineligible for benefits. Currently before the Court are cross-motions for judgment on the pleadings by the Commissioner and the Plaintiff pursuant to Fed.R.Civ.P. 12(c). For the...
MEMORANDUM AND ORDER DORA L. IRIZARRY, District Judge. Plaintiff Leslie Bailey appeals the decision of the Commissioner of Social Security ("the Commissioner"), which found that she was not disabled under the Social Security Act ("the Act") and, therefore, not entitled to Social Security Disability ("SSD") benefits. (Compl. at 3.) Defendant moved for remand for further administrative proceedings pursuant to 42 U.S.C. 405(g) in order for the Commissioner to consider additional medical...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON BENCH TRIAL ON FINANCIAL DAMAGES MAUSKOPF, District Judge. Plaintiff Thomas C. Wallace seeks certain additional financial damages, to be determined by bench trial, following a jury's verdict finding defendants liable for First Amendment retaliation pursuant to 42 U.S.C. 1983, and awarding emotional distress and punitive damages. After considering the record on the bench trial, and for the reasons set forth below, the Court finds that plaintiff is...
MEMORANDUM ORDER JACK B. WEINSTEIN, Senior District Judge. I. Introduction Plaintiff Felicia N. Bowen sues her employer, the New York City Transit Authority (NYCTA), a division of the Metropolitan Transit Authority, alleging discrimination on the basis fof race, sex, and disability in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2000e-17 ("Title VII"), and the American Disabilities Act of 1990, 42 U.S.C. 12112-12117 ("ADA"). The complaint alleges: (1) failure...
MEMORANDUM AND ORDER JOHN GLEESON, District Judge. Todd Bank brings this putative class action against Hydra Group LLC ("Hydra"), claiming that it sent him and others unsolicited commercial email advertisements in violation of 17529.5(a)(3) of the California Business and Professional Code. Bank seeks an award of liquidated damages of $1,000 for each of the three emails Hydra sent to him and the over one million emails Hydra sent to the class. Hydra moves to dismiss pursuant to Federal Rule...
OPINION & ORDER FEUERSTEIN, District Judge. On November 28, 2008, plaintiff Megan Tyrrell ("plaintiff") commenced this action against defendants Seaford Union Free School District ("Seaford UFSD"), Seaford High School and Michael Ragon, Paula Sussman, George Duffy, III and Brian Conboy, all in their individual and official capacity, (collectively, "defendants"), 1 pursuant to 42 U.S.C. 1983 ("Section 1983") and state law, alleging violations of her due process rights and New York Social...
OPINION AND ORDER GERSHON, District Judge: Plaintiffs Mario Estiverne and Nativida Antoine (the "Adult Plaintiffs"), individually and on behalf of their infant children, Andrew Estiverne ("A.E."), Dyan Estiverne, and Mario Estiverne, Jr. (collectively, the "Infant Plaintiffs"), bring this action, under 42 U.S.C. 1983, alleging that defendant Debra Esernio-Jenssen, M.D., and her employers, defendants Long Island Jewish Medical Center ("LIJ"), and its parent corporation, North Shore —...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge: Pro se plaintiff Norma F. Young ("plaintiff" or "Young") brings this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. ("Title VII") against defendant Nassau University Medical Center ("defendant" or "NUMC"), alleging that defendant terminated her employment as a housekeeper because of her race. Defendant now moves, unopposed, for summary judgment, pursuant to Federal Rule of Civil Procedure 56(a)...
MEMORANDUM & ORDER KORMAN, District Judge. On November 13, 2007, Joe Santo ("Santo"), Mark Palumbo ("Palumbo"), Joe Germano ("Germano"), John Aquista ("Aquista"), Glenn Semioli ("Semioli"), and Rosario Prato ("Prato") (collectively "the plaintiffs") filed the instant action against Laborers' International Union of North America ("LIUNA"), Asphalt Workers' Local 1018 a/w Laborers' International Union of North America ("Local 1018"), Road Construction Workers' Local 1010 a/w Laborers'...
MEMORANDUM AND ORDER FREDERIC BLOCK, Senior District Judge. Third-party plaintiff, Menorah Home and Hospital for the Aged and Infirm ("Menorah"), obtained a jury verdict against third-party defendant, The Trane Company ("Trane"), for $1,008,040.64 in damages. Pursuant to Federal Rule of Civil Procedure 50(b), Trane now renews its motion for judgment as a matter of law, 1 asserting that the Court erred in admitting certain documents and that the verdict was not supported by legally...
MEMORANDUM AND ORDER JOHN GLEESON, District Judge. Defendants John McGowan and Wendy Morris removed this case from the Supreme Court of New York, Bronx County. After I denied Plaintiff Bini S. Park's motion to remand the case to state court, McGowan and Morris moved to transfer this case to the United States District Court for the Southern District of New York. They seek transfer on the grounds that should have removed the case to that court and it is a more convenient forum. For the reasons...
MEMORANDUM AND ORDER JOHN GLEESON, District Judge. Vinh Dinh, who is currently incarcerated at Upstate Correctional Facility, petitions for a writ of habeas corpus pursuant to 28 U.S.C. 2254. After a jury trial in the Supreme Court of New York, Queens County, Dinh was convicted of one count of gang assault in the first degree, two counts of assault in the second degree and one count of criminal possession of a weapon in the fourth degree. Dinh was sentenced to an indeterminate term of...
OPINION AND ORDER GLASSER, Senior District Judge: This case, arising under the Lanham Act and the Racketeer Influenced and Corrupt Organizations Act ("RICO"), exemplifies a new species of litigation spawned by the age of the Internet. The plaintiffs in this case are Ascentive, LLC ("Ascentive"), an Internet software company, and Classic Brands, LLC ("Classic") a mattress manufacturer. Ascentive and Classic ("plaintiffs") bring suit against Opinion Corp. and three of its officers: (1) Michael...
MEMORANDUM & ORDER VITALIANO, District Judge. Eduardo Osorio Viera is before the Court on his petition for a writ of habeas corpus pursuant to 28 U.S.C. 2255, challenging his sentence for possession of cocaine with intent to distribute. Judgment was entered on Viera's plea of guilty. Upon the findings stated below, the writ is denied. I. BACKGROUND On October 13, 2008, Viera arrived in New York at John F. Kennedy International Airport aboard a flight from San Juan, Puerto Rico. Drug...
MEMORANDUM AND ORDER JOAN M. AZRACK, Magistrate Judge. On July 16, 2008, plaintiff Joseph Gray filed this action against the City of New York ("City"), the City of New York Department of Education ("DOE"), and Jerod Resnick, in his individual capacity (collectively "defendants"). Compl., ECF No. 1. Plaintiff alleges race discrimination and retaliation in violation of 42 U.S.C. 1981 and the Equal Protection Clause of the Fourteenth Amendment. Second Am. Compl., ECF No. 27. Defendants have...
MEMORANDUM AND ORDER STERLING JOHNSON, Jr., District Judge. On June 8, 2010, defendant Lyubov Groysman ("Defendant" or "Groysman") was charged in a two-count indictment with conspiracy to commit health care fraud and conspiracy to commit money laundering. In anticipation of trial, the government, on August 25, 2011, stated its intent to offer evidence of prior acts allegedly committed by her in order to prove her knowledge of the alleged scheme and disprove a defense of mistake. Based on the...
ORDER ARTHUR D. SPATT, District Judge. The Plaintiff, the United States of America, initiated this action on August 11, 2009 against several Defendants, to reduce to judgment certain unpaid federal tax assessments against Frank Palopoli and to foreclose federal tax liens upon certain property. Four of the Defendants, HSBC Mortgage Corporation ("HSBC"), New York State Department of Taxation & Finance (the "Department"), Winick & Rich, P.C. ("Winick"), and Nicholas & Leonard, Inc. ("Nicholas"),...
MEMORANDUM AND ORDER JOHN GLEESON, District Judge. Hector Lopez, who is currently incarcerated at Green Haven Correctional Facility, petitions for a writ of habeas corpus pursuant to 28 U.S.C. 2254. After a jury trial in the Supreme Court of New York, Kings County, Lopez was convicted of two counts of murder in the second degree, a single count of arson in the first degree and four counts of assault in the first degree. Lopez was sentenced, as modified on appeal, to concurrent terms of...
