Andrew E. Krause

U.S. District Court for the Southern District of New York magistrate Appointed by Judges of the U.S. District Court for the Southern District of New York 6 signed orders read

How Judge Krause decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Social Security review, Krause required vocational-expert evidence or a sufficiently detailed explanation when non-exertional limitations could affect the occupational base.

“remand is necessary here so that the ALJ can obtain testimony from a vocational expert and/or provide a more detailed explanation for why Plaintiff's non-exertional impairments do not affect his ability to perform sedentary work.”

For a post-judgment turnover order, he required proof that the judgment debtor had an interest in the property and was entitled to possession, then ordered the garnishee bank to turn over the funds.

“Plaintiffs have demonstrated their entitlement to the issuance of a turnover order pursuant to CPLR § 5225(b).”

Procedural preferences

In Social Security fee applications, Krause compared the requested Section 406(b) award with effective hourly rates approved in circuit precedent and required counsel to refund the earlier EAJA payment to the claimant.

“Upon receipt of the award addressed in this Decision and Order, Mr. Olinsky is directed to promptly refund to Plaintiff $5,270.55, which represents the full amount EAJA fees that counsel previously received.”

Cautions

In a premises-liability case, unsupported speculation about how long a spill existed did not create constructive notice where the evidence did not connect the substance to the nearby products.

“The Court is not persuaded, particularly in light of the unchallenged testimony that whatever substance had spilled to the floor, it did not come from the haircare products in the photographs.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Medina Reyes v. Commissioner of Social Security
7:21-cv-00372 · 2022-09-27
Judgment on the pleadings (claimant) Granted

“Plaintiff's motion for judgment on the pleadings (ECF No. 23) is GRANTED”

Judgment on the pleadings (Commissioner of Social Security) Denied

“the Commissioner's motion for judgment on the pleadings (ECF No. 25) is DENIED”

Rosario v. Commissioner of Social Security
7:21-cv-01151 · 2022-09-30
Judgment on the pleadings (claimant) Denied

“Plaintiff's motion for judgment on the pleadings (ECF No. 27) is DENIED”

Judgment on the pleadings (Commissioner of Social Security) Granted

“the Commissioner's cross-motion for judgment on the pleadings (ECF No. 29) is GRANTED”

Demelio v. Wal-Mart Stores East, LP
7:21-cv-01900 · 2023-03-13
Summary judgment (defendant) Granted

“Defendant's motion for summary judgment (ECF No. 17) is GRANTED.”

TD Auto Finance, LLC v. County of Putnam
7:21-cv-09080 · 2023-09-27
Summary judgment (plaintiff) Granted in part

“Plaintiff's motion for partial summary judgment (ECF No. 26) is GRANTED IN PART and DENIED IN PART”

Summary judgment (defendant) Granted in part

“Defendant's motion for summary judgment (ECF No. 33) is GRANTED IN PART and DENIED IN PART.”

Reich v. Casabella Contracting of NY, Inc.
7:21-cv-09327 · 2024-12-03
Motion to enforce judgment (plaintiffs) Granted

“Plaintiffs' motion for a turnover order pursuant to Rule 69(a) and CPLR § 5225(b) (ECF No. 105) is GRANTED.”

Rivera v. Commissioner of Social Security
7:20-cv-08444 · 2024-11-13
Attorney fees (claimant's counsel) Granted

“Plaintiff's motion for attorney's fees (ECF No. 31) is GRANTED, and Mr. Olinsky is awarded $15,726.68”

Caseload & timing

From public federal docket records for this judge.

The fixed sample includes two Social Security appeals and one matter each involving personal injury, civil rights and vehicle-seizure procedure, employee benefits, a Federal Tort Claims Act claim, attorney fees after Social Security remand, and wage-and-hour settlement administration.

Put Judge Krause's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Krause actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Krause's own signed orders and cites them.