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29 May 2009, 4:12 am
  "To demonstrate entitlement to dismissal of a complaint pursuant to CPLR 3211(a)(1), the documentary evidence submitted must conclusively establish a defense to the asserted claims, as a matter of law (see Leon v Martinez, 84 NY2d 83, 87-88; Williams v Williams, 36 AD3d 693, 695; New York Community Bank v Snug Harbor Sq. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
17 Dec 2013, 12:05 am by Orin Kerr
Let’s assume that when DOJ appeals Judge Leon’s opinion in Klayman v. [read post]
7 Feb 2022, 9:30 pm by ernst
Civil Rights”—Motley litigated hundreds of cases that remade American law and society, including Brown v. [read post]
25 Jul 2019, 7:58 am
– A Reminder of the Often Overlooked Value of International Jurisprudence Concerning Offences Against the Administration of Justice Juan-Pablo Perez-Leon-Acevedo, Reparations for Victims of Mass Atrocities: Actual and Potential Contributions of the Inter-American Court of Human Rights to the International Criminal Court Sonja C. [read post]
19 Oct 2017, 10:00 am by Dan Ernst
Instead of risking the “wrong” outcome in the highly volatile Davis case, the Supreme Court took the opportunity to pronounce secession unconstitutional in Texas v. [read post]
7 May 2021, 8:00 am by ernst
Leone Levi (1821–1888) and the History of comparative commercial law Annamaria Monti10. [read post]
14 Apr 2015, 9:05 pm by Walter Olson
[Leon Neyfakh, Slate, via David Henderson] Andrew Pincus on the growing danger of enforcement slush funds [U.S. [read post]
19 May 2020, 5:59 am by Andrew Lavoott Bluestone
Accepting as true the facts alleged in the complaint, and according the plaintiffs the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the conclusory allegations of the complaint failed to adequately plead specific facts to establish that, but for the defendants’ alleged negligent conduct, the outcome in the underlying action would have been any more favorable to the plaintiffs, or that the plaintiffs would not have incurred any damages (see… [read post]