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3 Jul 2024, 4:52 am by Andrew Lavoott Bluestone
In considering a motion to dismiss for failure to state a cause of action 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'” (Nonnon v City of New York, 9 NY3d 825, 827, quoting Leon v Martinez, 84 NY2d 83, 87-88). [read post]
24 Nov 2010, 6:53 am by Bexis
  Here's where it really starts getting fun, because the state's true motives start being exposed. [read post]
21 Jan 2011, 12:21 pm by randal shaheen
The Court, however, relied on its recent decision in Famous Horse Inc. v. 5th Ave. [read post]
30 Aug 2011, 6:01 pm by Gary A. Watt
  That's exactly what happened in Foust v. [read post]