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25 Sep 2019, 4:25 am by Andrew Lavoott Bluestone
Dismissal under CPLR § 3211(a)(1) is “warranted only if the documentary evidence submitted conclusively establishes a defense to the asserted claims as a matter oflaw” (Leon v. [read post]
19 Jul 2024, 4:47 am by Andrew Lavoott Bluestone
“On a motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference” (Angeli v Barket, 211 AD3d 896, 897 [2022]; see Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
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 Apr 2023, 5:20 am by Andrew Lavoott Bluestone
” “Here, even if the defendant had been negligent in his representation of the plaintiff in connection with the underlying matters, viewing the complaint in the light most favorable to the plaintiff (see Leon v Martinez, 84 NY2d at 87-88), it failed to plead specific factual allegations demonstrating that, but for the defendant’s alleged negligence, there would have been a more favorable outcome in the underlying matters or that the plaintiff would not have… [read post]
12 Jun 2022, 11:00 pm by Hayleigh Bosher
Even though blockchain is a public ledger it is not always possible to identify the perpetrator, such as in the Lavinia Deborah Osbourne v Ozone Networks case mentioned above. [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]