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22 Oct 2008, 9:38 pm
Today, in United States v. [read post]
31 Oct 2008, 2:30 am
Fisher v. [read post]
30 Mar 2007, 1:05 pm
USA v. [read post]
20 Jun 2023, 10:15 am
Schutte v. [read post]
21 Jun 2012, 1:02 pm
In State v. [read post]
28 Feb 2024, 2:53 pm
In Hameed v. [read post]
31 Jul 2013, 2:30 pm
Plantronics,Inc. v. [read post]
5 May 2013, 7:17 am
NYT v. [read post]
26 Jan 2021, 1:59 pm
[Texas v. [read post]
29 Aug 2007, 5:23 am
Per Washington v. [read post]
4 Jan 2016, 4:58 am
U.S. v. [read post]
22 May 2023, 9:52 pm
Koblitz —Well, it’s official: The Federal Circuit decision in GSK v. [read post]
8 Jun 2012, 6:43 am
Supreme Court's decision in Wal-Mart Stores, Inc. v. [read post]
2 Jul 2021, 4:56 am
“”On a motion pursuant to CPLR 3211(a)(7) to dismiss for failure to state a cause of action, the court must accept the facts alleged in the complaint as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory” (Shah v Exxis, Inc., 138 AD3d 970, 971). [read post]
7 Feb 2024, 4:27 am
A.M.P. v Benjamin, 201 AD3d 50, 57 [3d Dept 2021]). [read post]
25 Jul 2019, 4:31 am
Accepting these allegations as true, plaintiff adequately stated a cause of action for legal malpractice (see New York State Workers’ Compensation Bd. v Any-Time Home Care Inc., 156 AD3d at 1046; New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d at 1593; NYAHSA Servs., Inc., Self-Ins. [read post]
27 Dec 2021, 4:34 am
Accepting plaintiff’s averments and allegations as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Berry v Ambulance Serv. of Fulton County, Inc., 39 AD3d 1123, 1124 [2007]) and inasmuch as the documentary evidence submitted by defendant does not conclusively refute them (see New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]), Supreme Court correctly denied that part of the motion seeking dismissal… [read post]
24 May 2024, 3:58 am
Here, even accepting the allegations in the amended complaint as true and according the plaintiff the benefit of every possible favorable inference, the amended complaint did not allege conduct that is actionable under Judiciary Law § 487 (see Kaufman v Moritt Hock & Hamroff, LLP, 192 AD3d at 1093). [read post]
28 Oct 2011, 4:56 am
Marckenson v. [read post]
