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10 Jan 2018, 4:12 am
“Accepting plaintiff client’s allegations as true and drawing all reasonable inferences in its favor (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), a legal malpractice claim was sufficiently alleged (see Fielding v Kupferman, 65 AD3d 437, 439 [1st Dept 2009]). [read post]
2 Jun 2011, 6:02 am
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
7 Aug 2012, 10:52 am
While climbing over the non-electrified fence, one of the inmates, Serefino Uriel Gonzalez-Reyes, was pulled off the fence and subdued by a correctional officer; the other two, Rene Solorio Leon and Julie Adrian Martinez-Bautista, escaped. [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]
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]
13 Dec 2021, 3:06 am
Viewing the complaint in the light most favorable to the plaintiff (see Leon v Martinez, 84 NY2d at 87-88), it failed to plead specific factual [*2]allegations as to proximate cause. [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]
13 Sep 2012, 2:56 am
., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 87; Marom v Anselmo, 90 AD3d 622, 623), and "may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint" (Leon v Martinez, 84 NY2d at 88; see Berman v Christ Apostolic Church Intl. [read post]
12 Jun 2017, 2:30 pm
Vielma (22 years old) Kimberly Morris (37 years old) Eddie Jamoldroy Justice (30 years old) Darryl Roman Burt II (29 years old) Deonka Deidra Drayton (32 years old) Alejandro Barrios Martinez (21 years old) Anthony Luis Laureanodisla (25 years old) Jean Carlos Mendez Perez (35 years old) Franky Jimmy Dejesus Velazquez (50 years old) Amanda Alvear (25 years old) Martin Benitez Torres (33 years old) Luis Daniel Wilson-Leon (37 years old) Mercedez Marisol Flores (26 years… [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]
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]
7 Jun 2011, 10:12 am
Monday in Martinez v. [read post]
23 Nov 2015, 12:49 pm
Martinez-Fuerte, 428 U.S. 543 (1976); United States v. [read post]
19 Aug 2021, 4:00 am
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
19 Aug 2021, 4:00 am
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
23 Sep 2022, 4:44 am
” “The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
17 Nov 2011, 3:11 am
., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 87; Sokol v Leader, 74 AD3d 1180). [read post]
18 Nov 2011, 3:19 am
Plaintiffs' expert affidavit was properly considered to remedy any defects in the complaint (see Leon v Martinez, 84 NY2d 83, 88 [1994]). [read post]
