Search for: "Leon Martinez"
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12 Aug 2011, 6:35 am
Leon Smith, 54, is charged with one count of distributing child pornography and one count of possessing child pornography. [read post]
6 Jul 2011, 3:15 am
"Accepting the facts alleged in the second amended complaint as true, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the second amended complaint states a cause of action to recover damages for legal malpractice (see Aranki v Goldman & Assoc., LLP, 34 AD3d 510). [read post]
12 Jun 2011, 11:10 pm
Juan Salvador Martinez Leon Liquidar tarjetas de Crédito. [read post]
7 Jun 2011, 10:12 am
Monday in Martinez v. [read post]
2 Jun 2011, 6:02 am
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
1 Jun 2011, 4:54 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
25 May 2011, 6:02 am
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
23 May 2011, 11:47 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
17 May 2011, 6:38 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
17 May 2011, 12:39 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
30 Apr 2011, 5:53 pm
Martinez, 686 F. [read post]
18 Apr 2011, 1:45 am
To succeed on a motion to dismiss a complaint pursuant to CPLR 3211(a)(1), the documentary evidence relied upon by the defendant must "conclusively establish[] a defense to the asserted claims as a matter of law" (Leon v Martinez, 84 NY2d 83, 88). [read post]
11 Mar 2011, 3:40 am
As plaintiff seeks to recover a refund of an alleged overpayment of fees paid to the decedent, affording the complaint a liberal construction, and according its factual allegations every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Minsky v Haber, 74 AD3d 763, 764 [2010]), we find that plaintiff has asserted a breach of contract claim (see Reidy v Martin, 77 AD3d 903 [2010]; Henry v Brenner, 271 AD2d 647, 648 [2000]). [read post]
18 Nov 2010, 1:49 am
., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 87; Sokol v Leader, 74 AD3d 1180). [read post]
9 Aug 2010, 10:33 am
For all actions commenced on or after August 10, 2005, the "Graves Amendment" provides vehicle renters and lessors with a statutory basis for dismissing vicarious liability claims in motor vehicle accident lawsuits. [read post]
28 Jun 2010, 2:11 am
in Kram Knarf, LLC v Djonovic ;2010 NY Slip Op 05464 ;Decided on June 22, 2010 ;Appellate Division, First Department we see the following explanation: "Accepting the facts alleged in the complaint as true and according plaintiffs the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we agree that the allegations that defendant attorneys negligently gave their plaintiff clients an incorrect explanation of the contents… [read post]
4 Jun 2010, 3:26 am
Affording the complaint a liberal construction, and according its factual allegations every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88; Shaya B. [read post]
1 Jun 2010, 3:37 am
Co. of N.Y., 98 NY2d 314, 326; see Leon v Martinez, 84 NY2d at 88; Russo v Macchia-Schiavo, 72 AD3d 786; Martin v New York Hosp. [read post]
17 Feb 2010, 1:21 pm
In MODIFYING the order appealed from to grant Allstate's motion to dismiss the breach of contract action, as well, the Fourth Department held: Even accepting all of the facts alleged by plaintiff in his complaint as true and according him the benefit of every favorable inference, as we must in the context of defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (see Leon v Martinez, 84 NY2d 83, 86-87; Kumar v American Tr. [read post]
3 Feb 2010, 3:20 am
Retirement Trust v Brown, Raysman, Millstein, Felder & Steiner, 96 NY2d 300, 303; Leon v Martinez, 84 NY2d 83, [*2]87-88). [read post]