Search for: "Leone v. Leone"
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9 Jul 2021, 3:08 am
” “Here, even accepting the facts alleged in the complaint, as amplified by the plaintiff’s affidavit, as true, and according the plaintiff the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d at 87), the plaintiff failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome on his workers’ compensation claim (see Katsoris… [read post]
13 Feb 2018, 4:16 am
Upon construing the complaint liberally, and affording plaintiffs the benefit of every possible favorable inference (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we reject defendants’ contention that the breach of contract cause of action is duplicative of the accounting malpractice cause of action. [read post]
2 Oct 2007, 5:28 am
Larry v. [read post]
11 Nov 2009, 3:20 am
" "In Leon v. [read post]
6 Jul 2011, 3:15 am
"Accepting the facts alleged in the second amended complaint as true, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the second amended complaint states a cause of action to recover damages for legal malpractice (see Aranki v Goldman & Assoc., LLP, 34 AD3d 510). [read post]
20 Jan 2015, 2:03 pm
Judge Leon wrote that the appeals courts that had decided the issue all had done so before the Supreme Court, in the 2005 decision in Smith v. [read post]
2 Feb 2017, 12:56 am
Fla. 2004) and Sphinx International, Inc. v. [read post]
11 Jun 2019, 4:14 am
” Given the vague, speculative, and conclusory nature of these allegations, plaintiffs failed to allege facts that “fit into any cognizable legal theory” (see Nonnon v City of New York, 9 NY3d 825, 827 [2007], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994] [internal quotation marks omitted]). [read post]
15 May 2024, 3:56 am
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
27 Sep 2017, 4:14 am
These factual allegations, as supplemented by plaintiffs’ papers in opposition to defendant attorney’s dismissal motion, sufficiently alleged a legal malpractice claim (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]; see Brooks v Lewin, 21 AD3d 731, 734 [1st Dept 2005], lv denied 6 NY3d 713 [2006]; Escape Airports [USA], Inc. v Kent, Beatty & Gordon, LLP, 79 AD3d 437 [1st Dept 2010]). [read post]
28 Oct 2019, 6:00 am
In 1984, the Supreme Court created a now well-known “good faith” exception to the exclusionary rule in United States v. [read post]
1 Sep 2014, 1:14 pm
On Tuesday, the Second Circuit will hear oral argument in ACLU v. [read post]
4 May 2014, 9:00 pm
Event Announcements (More details on the Events Calendar) Mon, May 5 at 9:30 am: Oral arguments in Ralls Corporation v. [read post]
30 Aug 2015, 2:39 pm
Circuit’s opinion [August 28, 2015] in Klayman v. [read post]
25 Feb 2010, 7:13 am
United States v. [read post]
14 Mar 2011, 9:22 pm
Commonwealth v. [read post]
24 Mar 2012, 11:16 am
United States v. [read post]
11 Mar 2009, 3:45 am
Those days pretty much ended a quarter century ago, when the Supreme Court handed down US v. [read post]
1 Oct 2015, 1:35 pm
Leon. [read post]
1 Oct 2012, 8:08 am
.'" Federal Home Loan Mortgage Corporation v. [read post]
