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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]
16 May 2024, 10:43 am
 The Italian American Lawyers Association program for June 19, California For All, will feature Judicial Appointments Secretary Luis Cespedes and 2/7 PJ Gonzalo Martinez. [read post]
15 May 2024, 3:56 am by Andrew Lavoott Bluestone
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]
16 Apr 2024, 9:01 pm by Vikram David Amar
(That’s what Dean Martinez was getting at when she observed, in her public explanation of SLS’s policies, that “the First Amendment does not give protestors a ‘heckler’s veto. [read post]
25 Mar 2024, 5:12 am by Andrew Lavoott Bluestone
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]
12 Mar 2024, 8:02 am by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
12 Mar 2024, 7:10 am by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
11 Mar 2024, 7:00 pm by Yosi Yahoudai
That’s because unless cities have somewhere for displaced unhoused residents to go, the 2018 appellate case Martin v. [read post]
8 Mar 2024, 4:59 am by Andrew Lavoott Bluestone
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]
22 Feb 2024, 3:30 am by Sheila Vélez Martinez
Sheila Vélez Martinez The book, Race and National Security, edited by Professor Matiangai V. [read post]