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28 Feb 2011, 4:00 am by Howard Friedman
The Use of Religion in the Courtroom, (December 3, 2010).Brooke N. [read post]
15 Nov 2008, 9:10 am
These allegations, which must be accepted as true on a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87), are sufficient to state a cause of action (see NWE Corp v Atomic Risk Management, 25 AD3d 349 [1st Dept 2006]). [read post]
2 Mar 2012, 7:58 am by John Elwood
North Carolina, 11-6624, appears to be a straightforward hold for Martinez v. [read post]
1 Aug 2008, 9:35 pm
Instead the court revisited all of the Mendoza-Martinez factors and basically concluded that the US Supreme Court did the analysis wrong. [read post]
7 Oct 2008, 1:50 am
Justice Richter's decision first relied on the ruling earlier this year by the New York Appellate Division, 4th Department, in Martinez v. [read post]
24 May 2016, 5:04 pm by Kate Howard
Carpenter 15-1193Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.Issue: (1) Whether a court must categorically deny a Rule 60(b)(6) motion premised on the change in decisional law produced by Martinez v. [read post]
5 Apr 2023, 8:24 pm
Co. (204 AD3d 525 [1st Dept 2022]) , citing Bentoria, AFFIRMED Supreme Court's order granting the insurer's pre-answer CPLR 3211(a)(1) motion to dismiss the complaint based on documentary evidence, holding:The documentary evidence conclusively establishes a defense to plaintiff's claims (CPLR 3211[a][1]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
18 Nov 2010, 1:47 pm by Mark S. Humphreys
The style of the case is, State Farm Life Insurance Company and Lisa Martinez Paul v. [read post]