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4 Oct 2023, 4:29 am by Andrew Lavoott Bluestone
“Allegations regarding an act of deceit or intent to deceive must be stated with particularity” (Bill Birds, Inc. v Stein Law Firm, P.C., 164 AD3d 635, 637, affd 35 NY3d 173; see Palmieri v Perry, Van Etten, Rozanski & Primavera, LLP, 200 AD3d at 785). [read post]
24 Jul 2009, 6:14 am
Accordingly, that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action should have been granted. [read post]
3 May 2012, 3:00 am by Andrew Lavoott Bluestone
" "Accepting the facts alleged in the complaint as true, and according the plaintiff the benefit of every possible inference, the complaint states a legally cognizable cause of action sounding in legal malpractice (see Guayara v Harry I. [read post]
25 Jan 2015, 11:56 am by Ingrid Wuerth
These actions by the Court may be tied to what I have argued is a broader trend of waning deference to the executive branch in foreign relations cases. [read post]
6 Sep 2007, 4:08 pm
" The government repeatedly cites United States v. [read post]
19 Mar 2019, 4:03 am by Edith Roberts
United States, ex rel. [read post]
16 Nov 2015, 9:07 pm by Steve Vladeck
 The Fourteenth Amendment and the Power of States to Ban Refugees 100 years ago this month, the Supreme Court decided Truax v. [read post]
19 May 2015, 6:30 am by The Public Employment Law Press
 Citing Guggenheimer v Ginzburg, 43 NY2d 268, the court further ruled that Supreme Court had  also properly granted that branch of the employee organization’s motion to dismiss Plaintiff’s amended complaint seeking to recover damages for discrimination "for failure to state a cause of action pursuant to CPLR 3211(a)(7). [read post]