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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]
19 Jan 2010, 3:50 am
Although plaintiffs' evidence may be insufficient to withstand a motion for summary judgment, on an unconverted preanswer motion to dismiss, plaintiffs' allegations are accepted as true and are entitled to the benefit of every reasonable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Rovello v Orofino Realty Co., 40 NY2d 633, 634 [1976]). [read post]
18 Jan 2010, 9:24 pm
HOMEOWNERS – INSURED'S OBLIGATION TO PROTECT INSURER'S SUBROGATION RIGHTS – GENERAL BUSINESS LAW § 349 – PUNITIVE DAMAGES – ATTORNEY'S FEES – DISCOVERY Wilner v. [read post]
21 Dec 2009, 9:18 am
Even accepting as true all of plaintiff's allegations and giving it the benefit of all favorable inferences ( see Leon v. [read post]
11 Nov 2009, 3:20 am
" "In Leon v. [read post]
4 Oct 2009, 10:06 am
., 5 NY3d 582, 591; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
4 Oct 2009, 10:06 am
., 5 NY3d 582, 591; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
12 Aug 2009, 4:31 am
" Plaintiff alleges that he did not know that under the applicable tax laws the necessary funds were not "immediately available" — we must accept that allegation as true (see Leon v Martinez, 84 NY2d 83, 87 [1994]) —- and that a reasonably competent matrimonial attorney who read the stipulation would not have advised him to sign it. [read post]
29 May 2009, 4:12 am
"To demonstrate entitlement to dismissal of a complaint pursuant to CPLR 3211(a)(1), the documentary evidence submitted must conclusively establish a defense to the asserted claims, as a matter of law (see Leon v Martinez, 84 NY2d 83, 87-88; Williams v Williams, 36 AD3d 693, 695; New York Community Bank v Snug Harbor Sq. [read post]
15 Nov 2008, 9:10 am
These allegations, which must be accepted as true on a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87), are sufficient to state a cause of action (see NWE Corp v Atomic Risk Management, 25 AD3d 349 [1st Dept 2006]). [read post]
29 Sep 2008, 7:50 pm
To view the full-text of cases you must sign in to FindLaw.com. [read post]
1 Jul 2008, 8:36 am
Leon-Alvarez, 527 F.3d 732 (8th Cir. [read post]
22 Oct 2007, 5:10 am
Martinez, 84 NY2d 83, 87-88 [1994]; Weil,, Gotshal & Manges, LLP v. [read post]
19 Oct 2007, 11:12 pm
Martinez (below right).Professor of Law and Director of the Center for Applied Human Rights Research at Pennsylvania State University's Dickinson College of Law in Carlisle, Pennsylvania, Stephanie's a leader in the field of international human rights law. [read post]
31 Aug 2007, 9:15 am
One is Billy Leon Kearse, 34, who fatally shot Fort Pierce police officer Danny Parrish during a traffic stop in 1991.The justices also upheld the death sentence of prison poet Stephen Todd Booker, who will turn 54 Saturday. [read post]
11 Aug 2007, 9:36 am
Martinez-Martinez, 25 Fed. [read post]
6 Jul 2007, 11:21 am
November 1 Leon Jaworski is named as the new Watergate Special Prosecutor. [read post]
