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22 Jun 2009, 5:18 pm
Circuit Court, in an opinion that is now being challenged in the Supreme Court in Kiyemba, et al., v. [read post]
11 Jun 2024, 5:00 am by Public Employment Law Press
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
11 Jun 2024, 5:00 am by Public Employment Law Press
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
23 Sep 2022, 4:44 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]
11 Feb 2017, 5:01 pm by David Liebrader
The SEC won its summary judgment motion  (SEC v Aschere ) against Aschere Energy on its claim that Aschere sold unregistered securities to the public. [read post]
31 Mar 2011, 12:57 pm
District Court for the Southern District of New York, preliminarily approved a $2 million class and collective action settlement for Creighton v. [read post]