20 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 243,884 times 39 Legal Analyses
Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"
Jett v. Dallas Independent School District
491 U.S. 701 (1989) Cited 3,250 times 9 Legal Analyses
Holding that "the express 'action at law' provided by § 1983 . . . provides the exclusive federal damages remedy for the violation of the rights guaranteed by § 1981 when the claim is pressed against a state actor."
Shrader v. CSX Transportation, Inc.
70 F.3d 255 (2d Cir. 1995) Cited 4,539 times
Holding that court has no jurisdiction to review order where it is not mentioned in notice of appeal that expressly lists other orders
Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.
712 F.3d 705 (2d Cir. 2013) Cited 690 times 4 Legal Analyses
Holding that although failure to diversify may give rise to a claim for breach of fiduciary duty, plaintiff failed to state a claim on the facts alleged
Walker v. City of New York
974 F.2d 293 (2d Cir. 1992) Cited 1,059 times
Holding that failure by District Attorney to train Assistant District Attorneys on Brady obligations could support Monell liability where plaintiffs did not allege a history of disclosure violations
In re Health Management Systems, Inc. Sec. Lit.
113 F. Supp. 2d 613 (S.D.N.Y. 2000) Cited 643 times
Finding reconsideration an "extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources"
Sorlucco v. New York City Police Dept
971 F.2d 864 (2d Cir. 1992) Cited 547 times
Holding that a credibility assessment of the evidence is generally "a matter . . . for the jury to resolve"
Berry v. Baca
379 F.3d 764 (9th Cir. 2004) Cited 138 times
Holding that, in a case regarding the release of prisoners after judicial determinations of innocence, the county's implementation of policies that led to delays in release—and the lack of policies to expedite the process—could support a § 1983 claim
Rockland Exposition, Inc. v. Alliance of Auto. Serv. Providers of N.J.
894 F. Supp. 2d 288 (S.D.N.Y. 2012) Cited 103 times
Finding that delay of 11 months merited denial of motion for reconsideration
Ramos v. City of New York
285 A.D.2d 284 (N.Y. App. Div. 2001) Cited 131 times
Holding that plaintiff stated a claim for malicious prosecution where there was evidence that the defendant withheld "evidence that negated probable cause"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 166,543 times 198 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 96,245 times 94 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Bozella v. The County of Dutchess et al

20 Cited authorities

Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

Holding that "the express 'action at law' provided by § 1983 . . . provides the exclusive federal damages remedy for the violation of the rights guaranteed by § 1981 when the claim is pressed against a state actor."

Holding that court has no jurisdiction to review order where it is not mentioned in notice of appeal that expressly lists other orders

Holding that although failure to diversify may give rise to a claim for breach of fiduciary duty, plaintiff failed to state a claim on the facts alleged

Holding that failure by District Attorney to train Assistant District Attorneys on Brady obligations could support Monell liability where plaintiffs did not allege a history of disclosure violations

Finding reconsideration an "extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources"

Holding that a credibility assessment of the evidence is generally "a matter . . . for the jury to resolve"

Holding that, in a case regarding the release of prisoners after judicial determinations of innocence, the county's implementation of policies that led to delays in release—and the lack of policies to expedite the process—could support a § 1983 claim

Finding that delay of 11 months merited denial of motion for reconsideration

Holding that plaintiff stated a claim for malicious prosecution where there was evidence that the defendant withheld "evidence that negated probable cause"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint