Search for: "Martinez v. City of Grants"
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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 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]
23 Oct 2023, 5:01 am
In Hosanna-Tabor v. [read post]
10 Oct 2023, 4:00 am
(Martinez v. [read post]
5 Sep 2023, 9:18 am
The 10-page brief cited more than half a dozen relevant court decisions such as Martinez v. [read post]
20 Jul 2023, 1:25 am
Co. v. [read post]
10 Jul 2023, 12:45 pm
The case is Martinez v. [read post]
25 Jun 2023, 10:54 am
NAACP v. [read post]
17 Apr 2023, 5:20 am
In an order dated October 1, 2020, the Supreme Court granted the motion on the ground that the complaint failed to state a cause of action. [read post]
10 Apr 2023, 9:00 pm
If we were to view it this way, the law would survive, according to cases such as Ward v. [read post]
26 Mar 2023, 8:53 am
Martinez, 561 U.S. 661, 679 (2010). [read post]
24 Mar 2023, 12:30 pm
In Knick v. [read post]
3 Mar 2023, 4:39 am
Here, even accepting the facts alleged in the complaint as true, and according Mid City the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87), the complaint failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome regarding the termination of Mid City’s status as a DBE (see Rudovic v Law Off. of Timothy A. [read post]
11 Feb 2023, 5:14 am
PanamaSilva v. [read post]
29 Dec 2022, 9:05 pm
JUNE The Supreme Court, in a 6-3 decision, overturned Roe v. [read post]
28 Nov 2022, 4:23 am
Thus, these contentions are improperly raised for the first time on appeal and are not properly before this Court (see Matter of Ray v County of Suffolk, 204 AD3d 807; Martinez v City of New York, 175 AD3d 1284, 1285). [read post]
23 Sep 2022, 4:00 am
Spending in election cycles by corporations and the ultrawealthy through so-called dark money groups has skyrocketed since the 2010 Supreme Court decision Citizens United v. [read post]
16 Aug 2022, 6:24 am
The problem is illustrated Martinez v. [read post]
5 Aug 2022, 4:00 am
Hot Mic Captured Gaetz Assuring Stone of Pardon, Discussing Mueller Redactions Anchorage Daily News – John Swaine and Dalton Bennett (Washington Post) | Published: 7/30/2022 As Roger Stone prepared to stand trial in 2019, complaining he was under pressure from federal prosecutors to incriminate Donald Trump, a close ally of the president repeatedly assured Stone “the boss” would likely grant him clemency if he were convicted, a recording shows. [read post]
1 Jul 2022, 4:00 am
Tucker Carlson Just Inadvertently Helped Raise $14,000 for Abortion Rights MSN – Steven Zeitchik (Washington Post) | Published: 6/27/2022 Hours after the Supreme Court overturned Roe v. [read post]