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19 Aug 2022, 4:42 am by Andrew Lavoott Bluestone
” “Here, accepting all facts as alleged in the amended complaint to be true and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88), the amended complaint failed to state a legal malpractice cause of action. [read post]
8 Mar 2024, 4:59 am by Andrew Lavoott Bluestone
Plaintiff’s signed agreement with the nonparty funder, selling a portion of his interest in any potential future litigation proceeds, “conclusively establishes a defense to the asserted claim as a matter of law,” as it shows that defendants did not commit any misconduct by failing to warn plaintiff of the terms of the agreement (Leon v Martinez, 84 NY2d 83, 88 [1994]; see CPLR 3211[a][1]), which plaintiff admittedly signed (see VXI Lux Holdco S.A.R.L.… [read post]
17 Feb 2010, 1:21 pm
Thus, plaintiff failed to state a cause of action for breach of contract, inasmuch as "no contract of any kind exists between plaintiff and defendant and there is no recognized theory upon which defendant . . . might be held liable to plaintiff, as a third-party beneficiary" (Area Masonry v Dormitory Auth. of State of N.Y., 64 AD2d 810, 811). [read post]
16 Aug 2011, 4:13 pm by Keith Donoghue
Reckless or grossly negligent conduct is enough to justify suppression, and [United States v. [read post]
27 Jun 2011, 8:41 am by Kali Borkoski
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
12 Mar 2018, 4:36 am by Andrew Lavoott Bluestone
(hereinafter together the Tsirelman defendants), and Leon Kucherovsky and the Law Office of Leon Kucherovsky, P.C. [read post]
6 Mar 2011, 3:18 pm by Marie S. Newman
" The torture described in the article is horrific, and the type of torture an individual suffers depends on where he is from:[V]ictims from Liberia and Sierra Leone often have been branded with a red-hot rod; those from Cameroon or Chad are more likely to have been beaten with a baton.The students are sometimes skeptical about whether someone was tortured, and part of Dr. [read post]
25 Dec 2015, 12:08 pm by Shahid Buttar
Circuit overruled Judge Leon this August in Klayman v Obama. [read post]
3 Jan 2022, 5:28 am by Andrew Lavoott Bluestone
” “The complaint, as augmented by the affidavit of Singh submitted in opposition to the defendants’ motion to dismiss, sufficiently stated a cause of action for legal malpractice (see CPLR 3211[a][7]; Leon v Martinez, 84 NY2d 83, 87-88; Doe v Ascend Charter Schs., 181 AD3d 648, 649-650). [read post]
22 Jan 2009, 8:46 pm
Bates set a Feb. 9 deadline for such a filing, issuing  an order in Hamlily v. [read post]
31 May 2012, 6:50 am by Mary L. Dudziak
State Department and the British Foreign Office, this essay considers the broader diplomatic context of the Bradford opinion. [read post]