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18 Feb 2020, 4:46 am by Andrew Lavoott Bluestone
“With regard to the first cause of action, Izmirligil failed to state a cause of action under Real Property Law § 329 against the BNYM defendants and Chase (see CPLR 3211[a][7]; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
16 Jul 2011, 7:08 am by Mark S. Humphreys
The style of the case is quite long and is abbreviated here to, Ann Martinez v. [read post]
27 Jun 2022, 1:32 pm by Shaw Drake
In 1976, the Supreme Court decided in U.S. v Martinez-Fuerte that Border Patrol may operate checkpoints and stop vehicles, without a warrant, for brief questioning of their immigration status even if they have no particularized suspicion of unlawful activity or immigration status. [read post]
15 Nov 2021, 3:30 am by Andrew Lavoott Bluestone
“The Noerr-Pennington doctrine protects the right under the First Amendment to the United States Constitution to petition the government for governmental action, including through litigation and activity incidental to litigation” (Matter of People v Northern Leasing Sys., Inc., 193 AD3d 67, 77 [citation omitted]; see Alfred Weissman Real Estate v Big V Supermarkets, 268 AD2d 101, 106-107). [read post]
12 Jul 2016, 9:30 pm by Alina Artunian
In its last term, the Supreme Court took up the case of Molina-Martinez v. [read post]
18 Nov 2011, 3:19 am by Andrew Lavoott Bluestone
Plaintiffs' expert affidavit was properly considered to remedy any defects in the complaint (see Leon v Martinez, 84 NY2d 83, 88 [1994]). [read post]
7 Apr 2011, 5:00 am by Kimberly A. Kralowec
He made some policy arguments about how the statute is to be liberally construed (recently reiterated in the Martinez v. [read post]
21 Sep 2010, 6:01 am by David G. Badertscher
Benishai NEW YORK COUNTYCriminal Practice Denial of Parole Vacated, Remanded for New Hearing for False, 'Concocted' Scenario Matter of Galan-Martinez v. [read post]
6 Jun 2021, 4:08 pm by Francis Pileggi
For the most recent iteration of Delaware law on the topic of forum non conveniens, as it has evolved over the last few years, careful readers should be aware of the recent Chancery decision in Sweeny v. [read post]
22 Feb 2018, 8:04 am by Evan Lee
As I remarked in my argument preview, in light of the Supreme Court’s 6-2 decision for the petitioner in Molina-Martinez v. [read post]
8 Jun 2011, 6:11 am by Adam Chandler
” TIME and the Los Angeles Times cover the Court’s denial of certiorari on Monday in Martinez v. [read post]
2 Mar 2022, 4:18 am by Andrew Lavoott Bluestone
Therefore, at this stage, dismissal was not warranted under CPLR 3211(a)(7), or under CPLR 3211(a)(1), as defendant failed to provide documentary evidence that “conclusively establishes a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]; Amsterdam Hospitality Group, LLC v Marshall-Alan Assoc., Inc., 120 AD3d 431, 432-433 [1st Dept 2014])” [read post]