Search for: "Leon Martinez"
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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]
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]
25 Sep 2019, 4:25 am
Martinez, 84 NY2d 83 [1994]). [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]
19 May 2023, 3:51 am
Although the complaint does not allege any cognizable pecuniary damage to decedent’s estate, plaintiff Hardie Stevens’s affidavit corrects that deficiency by identifying several categories of damages to the estate, including increased taxes and legal fees (see Estate of Schneider v Finmann, 15 NY3d 306, 309-310 [2010]; Rudolf, 8 NY3d at 443; Leon v Martinez, 84 NY2d 83, 88 [1994]). [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]
3 Jan 2022, 5:28 am
” “The complaint, as augmented by the affidavit of Singh submitted in opposition to the defendants’ motion to dismiss, sufficiently stated a cause of action for legal malpractice (see CPLR 3211[a][7]; Leon v Martinez, 84 NY2d 83, 87-88; Doe v Ascend Charter Schs., 181 AD3d 648, 649-650). [read post]
23 Nov 2022, 3:22 am
Here, in affidavits properly submitted to amplify the allegations in the complaint (see Leon v Martinez, 84 NY2d 83, 88), the plaintiffs averred that Lau met with them to form WRE I and orally informed them that he was representing them, instructed them to wire funds to his escrow account, committed to certain conditions of disbursement of those funds, and advised that he would continue to represent them on matters related to the property to be acquired by WRE I. [read post]
19 Aug 2022, 4:42 am
” “Here, accepting all facts as alleged in the amended complaint to be true and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88), the amended complaint failed to state a legal malpractice cause of action. [read post]
14 Jun 2012, 9:13 am
Like when a litigant before Judge King hires Bobby Martinez to represent it. [read post]
27 Dec 2021, 4:34 am
Accepting plaintiff’s averments and allegations as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Berry v Ambulance Serv. of Fulton County, Inc., 39 AD3d 1123, 1124 [2007]) and inasmuch as the documentary evidence submitted by defendant does not conclusively refute them (see New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]), Supreme Court correctly denied that part of the motion seeking dismissal of the legal… [read post]
28 Feb 2020, 4:42 am
Those documents “conclusively establish[] a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]; see CPLR 3211[a][1]). [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]
6 Oct 2021, 5:26 am
Co. of N.Y., 98 NY2d 314, 326 [2002]; Leon v Martinez, 84 NY2d at 88). [read post]
17 May 2011, 12:39 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
7 Jun 2014, 6:45 am
Martinez pleaded guilty to insurance fraud and was sentenced to 48 months deferred adjudication. [read post]
3 May 2012, 8:01 am
Ricardo Martinez, Case No. 12-20316-CR-Martinez This indictment charges defendant Ricardo Martinez with health care fraud and paying kickbacks to patients. [read post]
16 May 2019, 4:38 am
° APELLIDOS Y NOMBRES DNI 26 . 06596481 CHUNGA CHAVEZ CARMEN FLOR DE MARIA 27 . 29623633 COAGUILA PALOMINO MARIO HENRY 28 . 07575741 COLOMA MARQUINA JOSE MANUEL 29 . 06644262 CORNEJO GOMEZ SANCHEZ OSCAR ALFREDO 30 . 08457121 CUBAS VILLANUEVA VICTOR MANUEL 31 . 07185223 D'AZEVEDO GARCIA MARTIN DE JESUS 32 . 25591656 DE LA HAZA BARRANTES ANTONIO HUMBERTO 33 . 29212071 DIAZ GONZALES OSCAR RENATO RAMON 34 . 07290033 DUMET DELFIN DAVID MIGUEL 35 . 06726360 DURAND CARRION JULIO BALTAZAR 36 .… [read post]
26 Dec 2012, 4:11 am
" Noting that a plaintiff’s pleading is to be afforded a liberal construction, the Appellate Division held that “the facts alleged in the complaint are to be accepted as true, and plaintiff is to be accorded the benefit of every possible favorable inference,” citing Leon v Martinez, 84 NY2d 83. [read post]
10 Jan 2019, 11:38 pm
Hello to: Judge Betsy Alvarez-ZaneJudge Michael BarketJudge Lizzet MartinezJudge Kristy NunezJudge Thomas Rebull (from Circuit Civil)Judge Eleane Sosa-BruzonJudge Jacqueline Woodward Goodbye to: Judge Cristine BandinJudge Michelle Barakat Judge Gordon MurrayJudge Martin Zilber (to Circuit Civil)JUDICIAL ROTATIONS 2019 (CLICK FOR LINK TO COMPLETE LIST)Abreu, Milena NEW HIA County Civil 01Alvarez-Zane,… [read post]
