Search for: "Parks v. Martinez"
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9 Feb 2007, 7:53 am
In Norris v. [read post]
19 Sep 2015, 11:40 pm
In Lozano v. [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]
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]
14 Dec 2008, 11:22 am
In Parks v. [read post]
29 Aug 2012, 12:35 pm
As soon as they parked on Ingraham Street in front of the restaurant, a Lincoln Navigator pulled up in front of them and three men (Ortiz, Martinez, and Quezada) got out and approached the BMW. [read post]
4 Sep 2008, 11:02 am
Martinez-Fuerte, 428 U.S. 543, 564 n. 17, 96 S. [read post]
24 Sep 2010, 8:23 am
United States v. [read post]
28 Mar 2016, 3:28 am
In the court’s own words: Here, accepting as true the facts alleged in the petition/complaint and according the petitioner the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87), the petitioner failed to state a cause of action for an “equitable buyout” of his interest in the LLC. [read post]
24 Jul 2010, 4:00 am
United States v. [read post]
11 Sep 2017, 9:18 am
")Footnotes from the Dissenting opinion by Justice Martinez Earlier this year, the Fifth Circuit affirmed denial of a motion to compel arbitration of another payday lender under similar circumstances, endorsing the Martinez dissent in Cash Biz v Henry. [read post]
14 Nov 2009, 7:51 am
United States v. [read post]
27 Apr 2018, 3:52 am
Further, in support of that branch of their motion which sought dismissal pursuant to CPLR 3211(a)(1), the Lyubarskys failed to sustain their burden of submitting documentary evidence to resolve all factual issues as a matter of law, and conclusively dispose of the plaintiff’s fraud cause of action as it related to the common areas of the building (see Leon v Martinez, 84 NY2d at 87; Camisa v Papaleo, 93 AD3d at 625). [read post]
18 Feb 2011, 2:00 am
Press, Inc. v. [read post]
21 Apr 2012, 8:11 am
We see Beckett v Verlander, and then Lester v Doug Davis. [read post]
9 Feb 2007, 2:58 pm
Get Off My Floating Homestead: In Norris v. [read post]
30 Aug 2013, 7:57 am
Martinez, 436 U.S. 49 (1978) (tribal membership); Parks v. [read post]
30 Aug 2013, 7:57 am
Martinez, 436 U.S. 49 (1978) (tribal membership); Parks v. [read post]
10 Jul 2007, 1:15 am
Trama SUFFOLK COUNTYContractsDefendant Not Insulated From Negligent Act Unless Parties' Intentions Unmistakably Expressed in Release Martinez v. [read post]
26 Feb 2014, 12:36 pm
Park St., Ste. 207, Lebanon, NH 03766. [read post]
