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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]
27 Dec 2021, 4:34 am by Andrew Lavoott Bluestone
Accepting plaintiff’s averments and allegations as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Berry v Ambulance Serv. of Fulton County, Inc., 39 AD3d 1123, 1124 [2007]) and inasmuch as the documentary evidence submitted by defendant does not conclusively refute them (see New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]), Supreme Court correctly denied that part of the motion seeking… [read post]
1 Mar 2010, 11:04 am by Jeralyn
McCane, a Tenth Circuit case that held Leon's good faith exception applied to vehicle searches that violated Arizona v. [read post]
7 Aug 2024, 4:42 am by Andrew Lavoott Bluestone
“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]
22 May 2024, 6:00 am by Public Employment Law Press
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 by Public Employment Law Press
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]
7 Feb 2011, 2:26 pm by Jon Sands
Berzon would also find that Leon's good-faith exception also did not apply as the affidavit was extremely bare-bones.U.S. v. [read post]
6 May 2014, 5:13 am by Diane Marie Amann
The ultimate object of all modern war is a renewed state of peace. [read post]
25 May 2011, 6:02 am by John Elwood
Leon, 468 U.S. 897 (1984), and Malley v. [read post]