Search for: "Martinez v. City of Grants" Results 1 - 20 of 178
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22 May 2024, 6:00 am by Public Employment Law Press
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 by Public Employment Law Press
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]
17 Apr 2023, 5:20 am by Andrew Lavoott Bluestone
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]
3 Mar 2023, 4:39 am by Andrew Lavoott Bluestone
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]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
  JUNE The Supreme Court, in a 6-3 decision, overturned Roe v. [read post]
28 Nov 2022, 4:23 am by Andrew Lavoott Bluestone
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 by Jim Sedor
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]
5 Aug 2022, 4:00 am by Jim Sedor
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 by Jim Sedor
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]