Search for: "STATE v. LEON"
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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]
20 May 2024, 5:00 am
Justifying Hamas's murderous pogrom by saying Israel deserved what it got is nothing less than supporting a terrorist organization – the same as blaming the United States for 9/11. [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]
25 Mar 2024, 1:15 pm
Corner Post v. [read post]
25 Mar 2024, 5:12 am
Accepting the facts as alleged in the complaint as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the complaint sufficiently stated a cause of action alleging legal malpractice against the law firm defendants (see Shaya B. [read post]
15 Mar 2024, 5:29 pm
In Chesanovska v. [read post]
13 Mar 2024, 1:52 pm
(Indian Child Welfare Act) State of Oklahoma 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
Therefore, it expired on February 3, 2009, long before the plaintiffs brought the action in New York state court in December 2022. [read post]
11 Jan 2024, 5:38 pm
Baptist Hosp., Inc. v. [read post]
3 Jan 2024, 9:27 am
Nippon Shinyaku Co. v. [read post]
8 Dec 2023, 5:25 am
” “Here, even accepting the facts as alleged in the amended complaint to be true and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the amended complaint failed to state a cause of action for legal malpractice. [read post]
28 Nov 2023, 5:56 am
However, an honest assessment about a deeply flawed process that results in observers being denied access in future elections only serves to reveal the true state of democracy in a country. [read post]
28 Nov 2023, 4:58 am
Frank Thorp V and Megan Lebowitz report for NBC News. [read post]
