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14 May 2020, 12:09 pm by Phil Dixon
[Author’s note: The Leon good-faith exception does not apply to violations of the North Carolina Constitution under State v. [read post]
18 Nov 2011, 3:19 am by Andrew Lavoott Bluestone
Plaintiffs' expert affidavit was properly considered to remedy any defects in the complaint (see Leon v Martinez, 84 NY2d 83, 88 [1994]). [read post]
15 Nov 2021, 3:30 am by Andrew Lavoott Bluestone
“The Noerr-Pennington doctrine protects the right under the First Amendment to the United States Constitution to petition the government for governmental action, including through litigation and activity incidental to litigation” (Matter of People v Northern Leasing Sys., Inc., 193 AD3d 67, 77 [citation omitted]; see Alfred Weissman Real Estate v Big V Supermarkets, 268 AD2d 101, 106-107). [read post]
17 May 2007, 12:16 pm
Today, the Wall Street Journal has this editorial on the bill that amends the law at issue in the Davenport v. [read post]
15 May 2015, 10:18 am by Kali Borkoski
Pulling the thread on that narrative, Brandwein turned to an “unrecognized milestone”: Justice Bradley’s 1874 opinion in United States v. [read post]
2 Mar 2022, 4:18 am by Andrew Lavoott Bluestone
Therefore, at this stage, dismissal was not warranted under CPLR 3211(a)(7), or under CPLR 3211(a)(1), as defendant failed to provide documentary evidence that “conclusively establishes a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]; Amsterdam Hospitality Group, LLC v Marshall-Alan Assoc., Inc., 120 AD3d 431, 432-433 [1st Dept 2014])” [read post]