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23 Mar 2018, 4:24 am by Andrew Lavoott Bluestone
Accepting the facts alleged in the third-party complaint as true, and according the third-party plaintiffs the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 88; Raach v SLSJET Mgt. [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]
6 May 2022, 4:12 am by Andrew Lavoott Bluestone
“The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
8 Aug 2022, 5:46 am by Andrew Lavoott Bluestone
” “The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
19 Aug 2012, 1:52 pm by Matthew L.M. Fletcher
Mark Killenbeck, author of several excellent legal histories, including one on M’Culloch v. [read post]
18 Nov 2009, 10:17 pm by sevach
,¿Qué pasaría si la propia Administración autonómica fuese víctima de la transferencia de subvenciones estatales bajo condición de instantánea aplicación y justificación de gasto? [read post]
13 Sep 2012, 2:56 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d at 326; see Leon v Martinez, 84 NY2d at 88; Robertson v Wells, 95 AD3d 862, 863; Magnus v Sklover, 95 AD3d 837, 837). [read post]
7 Feb 2010, 6:47 pm
Cash Register Auto Insurance of Leon County, Inc., 946 So. 2d 66 (Fla. 1st DCA 2006), and Stolzer v. [read post]
3 Aug 2011, 3:49 am by war
As of yesterday, one of those countries is Australia where, on Apple’s application for an interlocutory injunction, in return for an undertaking as to damages Samsung gave undertakings: Until the determination of this proceeding or further order of the Court, the respondents and each of them, by themselves, their servants or agents or otherwise, without admission of liability will not without the licence of the first applicant, import, promote, offer to supply, supply, offer for sale or sell… [read post]
25 Mar 2019, 4:25 am by Andrew Lavoott Bluestone
Accepting as true the facts set forth in the complaint and according plaintiff the benefit of all favorable inferences arising therefrom, as we must in the context of the instant motion (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we conclude that the complaint fails to plead a cognizable theory for legal malpractice because plaintiff’s allegations do not support even an inference that any alleged negligence by defendants was a proximate cause of… [read post]
26 Oct 2017, 1:19 pm by Robin Shea
Question 4: Leon is a devout Baptist working at a plant that has 24/7 operations. [read post]