Search for: "Leone v. Leone"
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15 Jun 2011, 9:13 am
The fatality is identified as Angel V. [read post]
3 Feb 2010, 3:20 am
Retirement Trust v Brown, Raysman, Millstein, Felder & Steiner, 96 NY2d 300, 303; Leon v Martinez, 84 NY2d 83, [*2]87-88). [read post]
8 Nov 2022, 6:05 am
Applying Yerodia, the Appeals Chamber of the Special Court for Sierra Leone (“SCSL”) ruled in its Decision on Immunity from Jurisdiction, Prosecutor v. [read post]
21 Dec 2009, 9:18 am
Even accepting as true all of plaintiff's allegations and giving it the benefit of all favorable inferences ( see Leon v. [read post]
10 Jul 2012, 5:40 am
Even assuming the truth of the allegations in the complaint (see generally Leon v. [read post]
22 Apr 2010, 12:25 am
Four years ago, the European Court of Human Rights criticised the policy in Hirst v UK, which arose out of the 2002 case of R v Home Secretary ex parte Hirst. [read post]
21 Nov 2010, 9:01 pm
Leon that their search was legal. [read post]
21 Mar 2012, 3:24 am
Put in a more elegant way, the Appellate Term decided Garg v Wigler 2012 NY Slip Op 50494(U) Decided on March 20, 2012 Appellate Term, First Department: "Accepting plaintiff's allegations as true, and according them the benefit of every favorable inference, as we must in the context of a motion to dismiss on the pleadings (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we find the complaint, as amplified by plaintiff's verified… [read post]
18 Jun 2011, 9:01 pm
Leon, 468 U. [read post]
22 Jan 2018, 4:08 am
Affording the complaint a liberal construction, accepting the facts alleged therein as true, and according DeMartino the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), the complaint fails to plead specific facts from which it can be inferred that [*2]DeMartino was in an attorney-client or fiduciary relationship, privity, or a relationship that otherwise closely resembles privity with the defendants, who were retained to represent… [read post]
10 Jan 2012, 3:24 pm
The new Reference Manual on Scientific Evidence contains a sly reference and endorsement to a book by the two would-be statistics experts who submitted an amicus brief to the Supreme Court in Mattrix Initiatives v. [read post]
9 Dec 2006, 5:14 am
Holland II won in State v. [read post]
25 Sep 2019, 4:25 am
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]
17 Apr 2023, 5:20 am
” “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]
19 Jul 2024, 4:47 am
“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]
8 Mar 2024, 4:59 am
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]
19 Aug 2022, 4:42 am
” “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]
27 Mar 2012, 3:50 am
At least in Florida, an employer that fails to notify its workers' compensation insurance company of a potential claim will regret the decision later down the road when a civil case gets served.In Ocean Reef Club v. [read post]
18 Apr 2012, 10:45 am
To quote Judge Leon, "How utterly disappointing! [read post]
17 Sep 2008, 2:33 am
Leon, who has about two dozen detainees’ cases in his Court and is moving them rapidly, to strike from court records the massive filing the government made about five Algerians in the case titled Boumediene v. [read post]
