Search for: "Leon Martinez"
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6 Aug 2018, 3:14 am
, 98 NY2d 314, 326; Leon v Martinez,84 NY2d 83, 87). [read post]
27 Jul 2018, 4:30 am
“On a motion to dismiss under CPLR 3211, the pleading is to be given a liberal construction, the allegations contained within it are assumed to be true and the plaintiff is to be afforded every favorable inference” (Simkin v Blank, 19 NY3d 46, 52; see Leon v Martinez, 84 NY2d 83, 87; Hershco v Gordon & Gordon, 155 AD3d 1007, 1008). [read post]
3 May 2018, 11:23 am
PRE & POST CONVICTION LAW PUBLICATION CONSTRUCTIVE AMENDMENT OF AN INDICTMENT A constructive amendment occurs where “the indictment is altered to change the elements of the offense charged, such that the defendant is actually convicted of a crime other than that charged in the indictment. [read post]
27 Apr 2018, 3:52 am
” “Here, accepting the facts alleged in the complaint as true and according the plaintiff the benefit of every possible favorable inference (see CPLR 3211[a][7]; Leon v Martinez, 84 NY2d 83, 87-88), the complaint sufficiently states a cause of action to recover damages for fraud on the theory that the Lyubarskys actively concealed defects throughout the common areas of the condominium building. [read post]
23 Mar 2018, 4:24 am
Accepting the facts alleged in the third-party complaint as true, and according the third-party plaintiffs the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 88; Raach v SLSJET Mgt. [read post]
13 Feb 2018, 4:16 am
Upon construing the complaint liberally, and affording plaintiffs the benefit of every possible favorable inference (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we reject defendants’ contention that the breach of contract cause of action is duplicative of the accounting malpractice cause of action. [read post]
3 Feb 2018, 11:48 am
[…] The post Pedestrian Struck and Injured by Leon County School Bus on Mission Road in Tallahassee appeared first on Percy Martinez Law Office. [read post]
22 Jan 2018, 4:08 am
Affording the complaint a liberal construction, accepting the facts alleged therein as true, and according DeMartino the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), the complaint fails to plead specific facts from which it can be inferred that [*2]DeMartino was in an attorney-client or fiduciary relationship, privity, or a relationship that otherwise closely resembles privity with the defendants, who were retained to represent… [read post]
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]
9 Jan 2018, 11:50 am
An order dismissing a legal malpractice claim was reversed by the New York Appellate Division for the First Judicial Department Accepting plaintiff client's allegations as true and drawing all reasonable inferences in its favor (see Leon v Martinez, 84 NY2d... [read post]
14 Nov 2017, 1:40 pm
The major injury accident […] The post Stephen Nagy, 42, Seriously Injured in Motorcycle Accident on Interstate 10 near Mile Marker 209 in Leon County; Man Arrested appeared first on Percy Martinez Law Office. [read post]
14 Nov 2017, 8:48 am
CPLR 3211(a)(1) allows a defendant to “move for judgment dismissing one or more causes of action asserted against him on the ground that . . . a defense is founded upon documentary evidence. [read post]
10 Nov 2017, 4:25 am
These principles apply to allegations of legal malpractice (see Leon v Martinez, 84 NY2d at 87-88; New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]; Rodriguez v Jacoby & Meyers, LLP, 126 AD3d 1183, 1185 [2015], lv denied 25 NY3d 912 [2015]; Snyder v Brown Chiari, LLP, 116 AD3d 1116, 1117 [2014]; Alaimo v McGeorge, 69 AD3d 1032, 1034 [2010]). [read post]
3 Oct 2017, 3:44 am
” Leon v. [read post]
27 Sep 2017, 4:14 am
These factual allegations, as supplemented by plaintiffs’ papers in opposition to defendant attorney’s dismissal motion, sufficiently alleged a legal malpractice claim (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]; see Brooks v Lewin, 21 AD3d 731, 734 [1st Dept 2005], lv denied 6 NY3d 713 [2006]; Escape Airports [USA], Inc. v Kent, Beatty & Gordon, LLP, 79 AD3d 437 [1st Dept 2010]). [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]
6 Feb 2017, 10:08 am
Secretary of Homeland Security John Kelly, Director of the Texas Department of Homeland Security Steve McCraw, Sheriffs Joe Frank Martinez and Leon Wilmot, and Judge Eddie Treviño, Jr. will testify. [read post]
25 Oct 2016, 2:41 pm
” Maria Martinez of Texas RioGrande Legal Aid “I just love the assisted pro se clinics we have. [read post]
28 Mar 2016, 3:28 am
In the court’s own words: Here, accepting as true the facts alleged in the petition/complaint and according the petitioner the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87), the petitioner failed to state a cause of action for an “equitable buyout” of his interest in the LLC. [read post]
28 Mar 2016, 3:28 am
In the court’s own words: Here, accepting as true the facts alleged in the petition/complaint and according the petitioner the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87), the petitioner failed to state a cause of action for an “equitable buyout” of his interest in the LLC. [read post]
