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28 Aug 2007, 12:23 pm
Updating this ILB entry from August 18th, referencing the August 15th Court of Appeals ruling in the case of Rick Cook & Daniel Funk v. [read post]
As this is a motion to dismiss, the Court may look only to the amended complaint and any evidentiary material submitted to remedy defects in the amended complaint in ascertaining whether a cause of action has been stated (see Guggenheimer v Ginzburg, 43 NY2d 268, 275; Rovello v Orofino Realty Co., 40 NY2d 633, 635-636). [read post]
13 Jan 2009, 4:11 am
"Martinez v Monroe County Community College, 2008 NY Slip Op 0090, Appellate Division, Fourth Department, Decided on February 1, 2008, is another decision that addresses same-sex marriage.The New York State Department of Civil Service recognizes same-sex marriage that is legal in the jurisdiction where it was performed for the purposes of eligibility for spousal benefits for NYSHIP health insurance State employees and the employees of participating… [read post]
31 May 2011, 9:18 am by Daniel E. Cummins
In his April 8 decision in the case of Bingham v. [read post]
17 Jan 2011, 3:00 am by Peter A. Mahler
"A discretionary change of venue under CPLR 510 (3) is addressed to the convenience of nonparty witnesses" (State of New York v Quintal, Inc., ___ AD3d ___, ___, 2010 NY Slip Op 09061 [2010] [emphasis added and citations omitted]; see State of New York v Slezak Petr. [read post]