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22 Jan 2009, 8:46 pm
Bates set a Feb. 9 deadline for such a filing, issuing  an order in Hamlily v. [read post]
18 Feb 2020, 4:46 am by Andrew Lavoott Bluestone
“With regard to the first cause of action, Izmirligil failed to state a cause of action under Real Property Law § 329 against the BNYM defendants and Chase (see CPLR 3211[a][7]; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
25 Mar 2024, 5:12 am by Andrew Lavoott Bluestone
However, the complaint, “although inartfully drafted,” (Leon v Martinez, 84 NY2d at 88), adequately alleges a demand for punitive damages based on the remaining causes of action asserted against Geico (see Rocanova v Equitable Life Assur. [read post]
17 Dec 2018, 12:52 am by JR Chaves
Los cachorros consiguieron una primera victoria, aunque ninguno se planteó que pronto ellos mismos madurarían y serían víctimas de la fría norma. [read post]
2 Mar 2022, 4:18 am by Andrew Lavoott Bluestone
Therefore, at this stage, dismissal was not warranted under CPLR 3211(a)(7), or under CPLR 3211(a)(1), as defendant failed to provide documentary evidence that “conclusively establishes a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]; Amsterdam Hospitality Group, LLC v Marshall-Alan Assoc., Inc., 120 AD3d 431, 432-433 [1st Dept 2014])” [read post]
30 Oct 2014, 5:13 am by Amy Howe
Briefly: In the ABA Journal, Mark Walsh previews next week’s oral argument in Yates v. [read post]
2 Feb 2010, 3:29 pm by The LBN Team
Judge Leon's decision was based on a Supreme Court case decided in 2000 called FDA v. [read post]
27 Apr 2018, 3:52 am by Andrew Lavoott Bluestone
Further, in support of that branch of their motion which sought dismissal pursuant to CPLR 3211(a)(1), the Lyubarskys failed to sustain their burden of submitting documentary evidence to resolve all factual issues as a matter of law, and conclusively dispose of the plaintiff’s fraud cause of action as it related to the common areas of the building (see Leon v Martinez, 84 NY2d at 87; Camisa v Papaleo, 93 AD3d at 625). [read post]