Eric R. Komitee
How Judge Komitee rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Komitee decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He enforces release and contract language as written. An unambiguous general release of 'any and all' civil-rights claims accruing before its date bars later 1983 suits against covered officers/employees, and a plaintiff who failed to carve out a known, already-filed case (despite the form's invitation) is bound, with a 'without prejudice' notation not altering the result.
“Here, the release provision itself is unambiguous. ... Not only did the incidents at issue here occur prior to then, but Plaintiff filed this action in May of 2018, almost a year before signing the release.”
Where an express contract governs, he dismisses overlapping quasi-contract theories (unjust enrichment, implied covenant, quantum meruit) on summary judgment as duplicative, leaving only the breach-of-contract claim.
“the Defendant's motion for partial summary judgment is granted. Plaintiff's claims for unjust enrichment (count eight), breach of the implied covenant of good faith and fair dealing (count nine), and quantum meruit (count ten) are dismissed.”
Procedural preferences
On a TCPA motion to dismiss after Duguid, he holds that a short-code origin, generic and impersonal sales content, and defendant-owned links can support a reasonable inference of automated telephone dialing system use. The plaintiff need not negate alternative explanations at the pleading stage; those disputes are better resolved on summary judgment after discovery.
“The five text messages that Bank challenges here likewise give rise to a reasonable inference that DMS used an ATDS to contact him. ... while Duguid increases the burden on plaintiffs to prove a TCPA claim, some courts have held that determining whether a defendant used an ATDS is more appropriately determined on a summary judgment motion than a motion to dismiss.”
Cautions
He holds litigants (including pro se attorneys) to Rule 11's procedure: a sanctions request via informal letter, invoking Rule 11(c)(3) (which is the court's sua sponte mechanism) and without the 21-day safe-harbor service of a formal motion, will be denied as improper.
“Bank filed an informal letter motion and provided no notice to defense counsel. The motion is denied.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Ameritas's motion for summary judgment, ECF Nos. 80, 91, is granted in its entirety.”
“Soni's cross-motion for summary judgment, ECF No. 75, is denied.”
“For the foregoing reasons, the Defendant's motion for partial summary judgment is granted. Plaintiff's claims for unjust enrichment (count eight), breach of the implied covenant of good faith and fair dealing (count nine), and quantum meruit (count ten) are dismissed.”
“For the foregoing reasons, DMS's motion to dismiss is denied.”
“Bank filed an informal letter motion and provided no notice to defense counsel. The motion is denied.”
“Officer Julia Nazim's motion for summary judgment is granted.”
“plaintiff’s counsel’s motion for attorney’s fees is granted”
“Motion to Protect Witness Identities. This motion is granted in part, as described below, largely for the reasons set out in the government’s motion and subsequent letters.”
“For the reasons stated above and in the government’s briefing, this motion is granted.”
“The government’s request to file its Section 4 brief ex parte and under seal is granted. However, given the above discussion, the government is directed to file a redacted version of its Section 4 brief on the public docket by June 29, 2026.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 146 days (N = 15).
Median motion-to-ruling time: 153.5 days (N = 4).
An active Eastern District of New York judge. His civil docket is notably heavy on ADA public-accommodation suits (a high-volume, fast-settling category) and immigration mandamus (visa-delay suits), alongside insurance, Social Security, consumer-credit, bankruptcy appeals, copyright, and commercial contract cases, plus a criminal docket. The caseload mix is qualitative.
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