Search for: "State v. Martinez"
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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]
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]
7 May 2024, 11:46 am
” Case No. 01001976380 | The People of the State of California v. [read post]
26 Apr 2024, 10:04 am
On April 25th, he notified the State Elections Department that he was once again re-designating back into County Court Group 29.Group 31Judge Christopher Green v. [read post]
16 Apr 2024, 9:01 pm
(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
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]
12 Mar 2024, 8:02 am
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
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
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
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]
29 Jan 2024, 8:38 am
United States v. [read post]
25 Jan 2024, 6:55 pm
In Guedes v. [read post]
23 Jan 2024, 12:41 pm
Martinez v. [read post]
29 Dec 2023, 9:30 pm
Also: Seth Barrett Tilman's brief in LeBrant v. [read post]
26 Dec 2023, 5:55 am
The CHP indicated that the car accident occurred along the westbound lanes of State Route 4 and involved a vehicle described as a Honda CR-V SUV. [read post]
21 Dec 2023, 6:55 am
South Carolina State Conference of the NAACP and AR NAACP v. [read post]
14 Dec 2023, 12:18 pm
(See Gallo 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]
4 Dec 2023, 2:49 pm
Kastenberg, Goldwater v. [read post]
