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1 Oct 2013, 7:27 am by Joy Waltemath
The employee’s supervisor was not aware of the true facts regarding the employee’s FMLA eligibility when he sent the email saying she was “approved. [read post]
13 Dec 2021, 3:06 am by Andrew Lavoott Bluestone
“In determining a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), 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” (Leon v Martinez, 84 NY2d 83, 87-88; see Katsoris v Bodnar & Milone, LLP, 186 AD3d 1504, 1506). [read post]