Search for: "Leon v New York City Tr. Auth."
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22 May 2024, 6:00 am
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York… [read post]
22 May 2024, 6:00 am
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York… [read post]
26 Dec 2012, 4:11 am
Interpreting any statute, first and foremost, requires paying heed to the intent of the Legislature as reflected in the plain language of the statute Samuelsen, as president of Local 100, Transport Workers Union of Greater New York v New York City Tr. [read post]
16 Mar 2012, 3:10 am
City of New York 38 AD.3d 336 339 833 Y.S.2d 8; Estey-Dorsa v. [read post]
4 Oct 2009, 10:06 am
"Once this showing has been made . . . the burden shifts to the party opposing the motion for summary judgment to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action" (id.; see Zuckerman v City of New York, 49 NY2d 557, 562). [read post]
4 Oct 2009, 10:06 am
"Once this showing has been made . . . the burden shifts to the party opposing the motion for summary judgment to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action" (id.; see Zuckerman v City of New York, 49 NY2d 557, 562). [read post]
