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30 Sep 2014, 1:32 pm by Stephen Bilkis
Most compelling in a review of the Mendoza-Martinez factors is that the State has a very important non-punitive purpose in enacting this designation provision and it has tailored a limited provision to deal with this purpose. [read post]
18 Apr 2011, 1:45 am by Andrew Lavoott Bluestone
When determining a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), "the standard is whether the pleading states a cause of action," and "the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory'" (Sokol v Leader, 74 AD3d 1180, 1180-1181, quoting Leon v Martinez,… [read post]
19 Apr 2010, 6:50 pm by Anna Christensen
Martinez, which was also argued today. [read post]
20 Feb 2010, 8:22 am by Anna Christensen
Martinez, and New Process Steel v. [read post]
1 Jun 2010, 3:37 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d 314, 326; see Leon v Martinez, 84 NY2d at 88; Russo v Macchia-Schiavo, 72 AD3d 786; Martin v New York Hosp. [read post]
19 May 2020, 5:59 am by Andrew Lavoott Bluestone
Accordingly, the complaint failed to state a cause of action to recover damages for legal malpractice. [read post]