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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]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

Probable cause was lacking, but the affidavit was not bare bones for good faith exception

5 Mar 2007, 7:40 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

Chief Justice Salmon Chase on the permanency of the Union, and Cynthia Nicoletti on Chase’s political ambitions

20 Oct 2017, 12:56 pm by Andrew Hamm

In Texas v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Ban on Women in Combat Lifted: Is the Military Ready?

27 Jan 2013, 4:54 pm by Lisa A. Mazzie

Such rhetoric is reminiscent of Chief Justice Rehnquist’s in Rostker v. [read post]

Faculty Blog - http://law.marquette.edu/facultyblog/

Monday News Update

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]

TalkLeft: The Politics of Crime - http://www.talkleft.com/

Supreme Court 2018 — Pending Cases for September Conference

21 Sep 2018, 4:47 am by Dennis Crouch

Leon Stambler v. [read post]

Patently-O - http://patentlyo.com/patent

Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department

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]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department

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]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

In Selection of Class Counsel, Court of Chancery Follows Procedures Envisioned by In Re Allion Healthcare Inc. Shareholders’ Litigation

10 Jun 2011, 3:10 pm by Francis Pileggi

No. 6519-CC and Leone v. [read post]

Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/

U.S.

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]

Ninth Circuit Blog - http://circuit9.blogspot.com/

In Beah novel, prosaic present & hoped-for radiance, for former child soldiers & others

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]