Search for: "Leone v. Leone"
Results 1 - 20
of 1,660
Sort by Relevance
|
Sort by Date
3 Jun 2024, 4:31 am
We encountered this problem in our article about Eikenberry v Lamson, in which Kings County Commercial Division Justice Leon Ruchelsman wrote that it is “well settled in New York that a partnership or a joint venture may not operate through a corporate form and that any fiduciary obligations that the partners owe one another cease to exist once they agree to conduct business as a corporation,” but that there is an “exception” to this rule “where the… [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 City Tr. [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 City Tr. [read post]
20 May 2024, 5:00 am
In the wake of the announced boycott against Columbia University, I posed several questions to Judge Matthew Solomson of the U.S. [read post]
15 May 2024, 3:56 am
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
13 May 2024, 4:50 am
But a recent decision by Kings County Commercial Division Justice Leon Ruchelsman, Kordonsky v Brudoley, Decision and Order [Sup Ct, Kings County Mar. 26, 2024]), highlights some of the shortcomings of the intervention procedure for unnamed owners in derivative cases. [read post]
1 May 2024, 5:48 am
In United States v. [read post]
26 Apr 2024, 3:45 am
” Yet in 1974’s United States v. [read post]
21 Apr 2024, 7:44 am
by Joana de Andrade Pacheco (@_JoanaPacheco) United Nations – Srebrenica Genocide Critical UN Move: Draft Resolution Confronts Genocide Denial in the Balkans by Leon Hartwell (@LeonHartwell) and Hikmet Karčić (@hikmet_karcic) Podcast: Presidential Immunity The Just Security Podcast: United States v. [read post]
3 Apr 2024, 4:08 pm
When expert witnesses rely upon one or a few studies, which telegraph internal validity, this litigation strategy may provide the strongest evidence against the study’s being reasonably relied upon, or its providing “sufficient facts and data” to support an admissible expert witness opinion. [1] Daubert v. [read post]
27 Mar 2024, 5:00 am
In the case of Leone v. [read post]
25 Mar 2024, 1:15 pm
Corner Post v. [read post]
25 Mar 2024, 5:12 am
However, the complaint, “although inartfully drafted,” (Leon v Martinez, 84 NY2d at 88), adequately alleges a demand for punitive damages based on the remaining causes of action asserted against Geico (see Rocanova v Equitable Life Assur. [read post]
15 Mar 2024, 5:29 pm
In Chesanovska v. [read post]
13 Mar 2024, 1:52 pm
Steven Leon Fuller (Criminal Jurisdiction) U.S. [read post]
11 Mar 2024, 9:43 am
Kalulu v. [read post]
8 Mar 2024, 4:59 am
Plaintiff’s signed agreement with the nonparty funder, selling a portion of his interest in any potential future litigation proceeds, “conclusively establishes a defense to the asserted claim as a matter of law,” as it shows that defendants did not commit any misconduct by failing to warn plaintiff of the terms of the agreement (Leon v Martinez, 84 NY2d 83, 88 [1994]; see CPLR 3211[a][1]), which plaintiff admittedly signed (see VXI Lux Holdco S.A.R.L.… [read post]
23 Feb 2024, 2:38 am
Leon Petroleum, LLC v Carl S. [read post]
13 Feb 2024, 2:12 pm
Here, in the Reif v. [read post]
