Search for: "Martinez v. City of Grants" Results 41 - 60 of 178
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13 Sep 2012, 2:56 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d at 326; see Leon v Martinez, 84 NY2d at 88; Robertson v Wells, 95 AD3d 862, 863; Magnus v Sklover, 95 AD3d 837, 837). [read post]
23 Apr 2008, 1:17 am
David Martinez, defendant-appellant NEW YORK COUNTYCriminal PracticeDivision's 'Flawed' Sixth Parole Hearing Grants 'Model' Inmate Seventh Hearing De Novo Matter of South v. [read post]
3 Jun 2008, 2:28 pm
  Although that case was settled by the parties and no further ruling was required, the 2nd Department panel granted a motion by the teacher's lawyers to vacate the trial court's decision, citing the Martinez case and implicitly agreeing with its holding, including the Martinez court's conclusion that the 2006 decision by the Court of Appeals in Hernandez v. [read post]
17 Apr 2023, 5:20 am by Andrew Lavoott Bluestone
In an order dated October 1, 2020, the Supreme Court granted the motion on the ground that the complaint failed to state a cause of action. [read post]
14 Dec 2009, 8:26 am
Times discusses City of Ontario v. [read post]
24 Nov 2021, 10:22 am
The standard of proof is not stringent, amounting only to some firsthand confirmation of the facts" (Joosten v Gale, 129 AD2d 531, 535 [1st Dept 1987]; see Martinez v Reiner, 104 AD3d 477, 478 [1st Dept 2013]; Beltre v Babu, 32 AD3d 722, 723 [1st Dept 2006]). [read post]
10 Nov 2017, 4:25 am by Andrew Lavoott Bluestone
These principles apply to allegations of legal malpractice (see Leon v Martinez, 84 NY2d at 87-88; New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]; Rodriguez v Jacoby & Meyers, LLP, 126 AD3d 1183, 1185 [2015], lv denied 25 NY3d 912 [2015]; Snyder v Brown Chiari, LLP, 116 AD3d 1116, 1117 [2014]; Alaimo v McGeorge, 69 AD3d 1032, 1034 [2010]). [read post]
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]
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]
2 May 2014, 12:28 pm by John Elwood
Both grants this week, Jesinoski v. [read post]
16 Apr 2010, 11:47 am by Kedar
Good – Denied 4-Nov FCC v Fox Television – Denied 12-Nov Pleasant Grove City v. [read post]
24 Nov 2014, 3:03 pm by Law Lady
HERNANDEZ, PEDRO JOSE MARTINEZ, WILLIAMS ARIELLO GALANTINO, JOSE DE LA CRUZ CARDENAS, on their own behalf and others similarly situated, Plaintiffs-Appellants, v. [read post]